Hamman v. Central Coal & Coke Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. W. W. Woods, Special Judge. (1) This ease should have been taken from the jury upon defendant’s instruction in the nature -of a demurrer to the testimony, interposed at the close of plaintiff’s case, and re-interposed at the close of the whole case. The danger was obvious and impending, and was known to defendant for six days prior to the accident. Eugler v. Bothe, 117 Mo. 475; Watson v. Coal Co., 52 Mo.
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Appeal from Bates Circuit Court. — Hon. W. W. Woods, Special Judge. (1) This ease should have been taken from the jury upon defendant’s instruction in the nature -of a demurrer to the testimony, interposed at the close of plaintiff’s case, and re-interposed at the close of the whole case. The danger was obvious and impending, and was known to defendant for six days prior to the accident. Eugler v. Bothe, 117 Mo. 475; Watson v. Coal Co., 52 Mo. App. 366; Lucey v. Hannibal Oil Co., 129 Mo. 32; Devit v. Ráilroad, 50 Mo. 302; Steinhauser v. Spraul, 127 Mo. 541; Aldridge v. Furnace Co., 78 Mo.…
1Opinion of the Court
IN DIVISION TWO.
BURGESS, J.
This is an action by plaintiff, who is the widow of Philip Hamman, deceased, against the defendant *237company, for $10,000 damages, for the death of her husband, a coal miner, by the alleged carelessness and negligence of the defendant.
The petition was filed on the 4th day of October, 1895, and alleges that plaintiffs husband came to his death in a mine owned and operated by defendant, on the 14th day of Eebruary, 1895; that her said husband was working in said mine, and was killed by the falling of a large amount of rock from the roof of the room in which he was…
Also in this document: Per curiam.
2Cases cited9 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Lynch v. MurphySupreme Court of Missouri · 1893
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Shepard v. HarrisSupreme Court of Missouri · 1959
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
- City of Springfield v. SmithSupreme Court of Missouri · 1929
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
53 more not listed; retrieve them via the Exa API.