Timson v. Manufacturers Coal & Coke Co.
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Eon. Chas. D.. Stewart, Judge. (1) The court erred in admitting the opinions or conclusions of certain witnesses that the mine in question was dangerous. Miller v. Canton, 112 Mo. App. 322; Spaulding v. Edina, 112 Mo. App. 69; Morgan v. Hager & Sons Mfg. Co., 120 Mo. App. 609; Hurst v. Railroad, 163 Mo. 320; Keyes-Marshall L. Co. v. Railroad, 105 Mo.
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Appeal from Clark Circuit Court. — Eon. Chas. D.. Stewart, Judge. (1) The court erred in admitting the opinions or conclusions of certain witnesses that the mine in question was dangerous. Miller v. Canton, 112 Mo. App. 322; Spaulding v. Edina, 112 Mo. App. 69; Morgan v. Hager & Sons Mfg. Co., 120 Mo. App. 609; Hurst v. Railroad, 163 Mo. 320; Keyes-Marshall L. Co. v. Railroad, 105 Mo. App. 560. (2) The court erred in excluding evidence as to the control of the operations of defendant’s mine by the local miners’ union. Farmer v. Kearney, 115 La. Ann. 722 (39 So. 967) ; Benn v. Pritchett, 163…
1Opinion of the CourtGraves, J.
Plaintiff is the widow of George Timson, deceased, who was a coal miner in the employ of defendant in its coal mine at or near Connelsville, Missouri. In this mine were employed a large number of men. Deceased came to his death by a rock falling from the roof of the mine upon him. The date of the accident was July 19, 1905.
*588The petition was in two counts, the first being bottomed upon sections 8802 and 8820, Revised Statutes 1899, and the second under sections 2865 and 2866, Revised Statutes 1899. , The second count need not be considered here, as the recovery was had under the first count.…
2Cases cited6 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Paddock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- State ex rel. Attorney General v. HeidornSupreme Court of Missouri · 1881
- Connecticut Life Insurance v. McCormickCalifornia Supreme Court · 1873
- Poor v. WatsonMissouri Court of Appeals · 1902
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3Cited by21 opinions
- Rossomanno v. Laclede Cab CompanySupreme Court of Missouri · 1959
- Burke v. City of St. LouisSupreme Court of Missouri · 1961
- English v. Old American Insurance CompanySupreme Court of Missouri · 1968
- Newson v. City of Kansas CityMissouri Court of Appeals · 1980
- Williams v. CommonwealthSupreme Court of Virginia · 1949
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