Legal Opinion

Corry v. Majestic Manufacturing Co.

Missouri Court of Appeals

Decided January 4, 1916PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court. — Hon. J. Hngo Grimm, Judge. (1) The trial court erred in submitting the case to the jury.

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Appeal from St. Louis City Circuit Court. — Hon. J. Hngo Grimm, Judge. (1) The trial court erred in submitting the case to the jury. Section 7828, Revised Statutes 1909, which requires that “the belting, shafting, machines, machinery, gearing and drums” in all manufacturing establishments, when so placed as to be dangerous to persons therein or thereabout while engaged in thir ordinary duties, shall be safely and securely guarded, when possible, has no application to machines which are operated by foot or hand power. Cole v. Lead Co., 240 Mo. 404; Milligan v. Muir, (4 Series), 19 Scot. Sess.…

1Opinion of the CourtAllen, J.

This is an action to recover for personal injuries sustained by plaintiff, a minor, alleged to be due to the neglect and failure of defendant corporation to guard a certain machine at which plaintiff was working when injured, in alleged violation of section 7828, Revised Statute 1909. The trial below resulted in a verdict and judgment for plaintiff, and the case is here upon defendant’s appeal.

Plaintiff, a boy eighteen years of age, suffered an injury resulting in the loss of a finger and portions of other fingers of his right hand, while engaged as defendant’s servant in operating a cutting…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
  2. Simpson v. Witte Iron Works Co.Supreme Court of Missouri · 1913
  3. Austin v. Bluff City Shoe Co.Missouri Court of Appeals · 1913
  4. Cole v. North American Lead Co.Supreme Court of Missouri · 1912
  5. McCaffrey v. Tamm Bros. Glue Co.Missouri Court of Appeals · 1909

3Cited by3 opinions

  1. Mabe Ex Rel. Mabe v. Gille Manufacturing Co.Missouri Court of Appeals · 1925
  2. Willadsen v. Blue Valley Creamery Co.Court of Appeals of Kansas · 1919
  3. Lumatz v. American Car & Foundry Co.Missouri Court of Appeals · 1925

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