Legal Opinion

David v. Clarksville Cider Co.

Missouri Court of Appeals

Decided December 8, 1914PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court. — flow. William M. Kinsey, Judge. (1) It is the duty of the master to furnish the servant a reasonably safe place to work in. Holman v. Souther Iron Co., 152 Mo. App. 672; Anderson v. Western Coal & M. Co., 138 Mo. App. 76-; Clark v. Union Iron & Foundry Co., 234 Mo. 436. (2) It was negligence in defendant to pile these barrels in this place in such a “shaky” manner that they were likely to fall.

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Appeal from St. Louis City Circuit Court. — flow. William M. Kinsey, Judge. (1) It is the duty of the master to furnish the servant a reasonably safe place to work in. Holman v. Souther Iron Co., 152 Mo. App. 672; Anderson v. Western Coal & M. Co., 138 Mo. App. 76-; Clark v. Union Iron & Foundry Co., 234 Mo. 436. (2) It was negligence in defendant to pile these barrels in this place in such a “shaky” manner that they were likely to fall. Rigsby v. Oil Well Supply Co., 115- Mo. App. 318; Browning v. Hasten, 107 Mo. App. 5-9: (3) The vibrations of this passageway where these barrels were piled…

1Opinion of the CourtAllen, J.

— This is an action for personal injuries sustained by plaintiff while in the employ of the defendant corporation as its servant. Plaintiff suffered a nonsuit below, and, after unsuccessfully moving to have the same set aside, prosecuted his appeal to this court.

At the time of plaintiff’s injury he was employed by the defendant as a cooper, engaged in repairing barrels and kegs. From time to time he was also called upon to assist in handling barrels. Defendant’s business was conducted in a building formerly used as a brewery, and beneath the premises were large excavations or artificial eaves…

2Cases cited7 opinions

  1. Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
  2. Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
  3. Bradley v. James H. Forbes Tea & Coffee Co.Supreme Court of Missouri · 1908
  4. Dickinson v. JenkinsMissouri Court of Appeals · 1910
  5. Bowman v. American Car & Foundry Co.Supreme Court of Missouri · 1910

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Sabol v. St. Louis Cooperage Co.Supreme Court of Missouri · 1926
  2. Ryan v. Twin City Wholesale Grocer Co.Supreme Court of Minnesota · 1941
  3. Pruett v. Campbell Lumber Co.Missouri Court of Appeals · 1915

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