Strode v. Conkey
Missouri Court of Appeals
Appeal from Jasper Circuit Court . — Hon. J. D. Perkins, Judge. (1) The act of Frantz in throwing the block into the car which was being loaded with the tools and appliances to be taken down into the mine, was the act of a fellow-servant.
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Appeal from Jasper Circuit Court . — Hon. J. D. Perkins, Judge. (1) The act of Frantz in throwing the block into the car which was being loaded with the tools and appliances to be taken down into the mine, was the act of a fellow-servant. Gall v. Beekstein, 173 111. 187; Hawk v. Lumber Co., 166 Mo„ 121. (2) The admission in evidence of the remarks of Frantz, after the tossing of the block into the car, to the effect that “the dam------will have to learn to dodge,” was erroneous as not part of the res gestae. Barker v. Railway, 126 Mo. 146; Rayer v. Railroad, 84 Mo. App. 350; Koenig v.…
1Opinion of the CourtEllison, J.
The plaintiff’s ward is the infant daughter of R. J. Bennett who was an employee in defendant Conkey’s lead and zinc mine, and while engaged in work he was killed through the alleged negli"geneé of defendant. Plaintiff recovered judgment in the trial court.
It appears, at least the evidence tended to show, that one Frantz was defendant’s foreman in charge, control and direction of several men who were at work in loading a car at the surface of the mine with tools and material to be carried into the mine, among which was a square block of wood. The car, when loaded, was run down the incline by…
2Cases cited7 opinions
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Haworth v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1902
- State v. MathewsSupreme Court of Missouri · 1888
- Stevens v. WalpoleMissouri Court of Appeals · 1898
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3Cited by1 opinion
- Hagan v. Gibson Mining Co.Missouri Court of Appeals · 1908