Sullivan v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court’ Hon. R. E. Cowan, Judge. (1) The first instruction given on behalf of the plaintiff, is an authorization of a verdict for the plaintiff,. and is erroneous in the following particulars: (a) It ignores the question of plaintiff ’ s knowledge of the de-. feet, and authorizes a verdict for the plaintiff without requiring the jury to pass on the question of whether, the plaintiff knew of the broken or cracked tie beam or. not.
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Appeal from Jackson Special Law and Equity Court’ Hon. R. E. Cowan, Judge. (1) The first instruction given on behalf of the plaintiff, is an authorization of a verdict for the plaintiff,. and is erroneous in the following particulars: (a) It ignores the question of plaintiff ’ s knowledge of the de-. feet, and authorizes a verdict for the plaintiff without requiring the jury to pass on the question of whether, the plaintiff knew of the broken or cracked tie beam or. not. In connection with the third instruction given for the plaintiff, and the seventh refused for the defendant,. it authorized…
1Opinion of the CourtRat, J.
This is an action for damages, for personal injuries sustained by the plaintiff, who is a carpenter, and who was engaged,- at the time, with other carpenters, under a foreman named Prather, in taking down an ice house for defendant, in Kansas City, Missouri. The pe. tition charges that, in order to take off the roof of said ice house, defendant furnished for plaintiff, and his fellow workmen, scaffolding which consisted of planks, placed upon tie beams. That said scaffolding was defective, insufficient and insecure, and improperly constructed ; that it was constructed of planks that were too *176s…
2Cases cited9 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Clark v. HammerleSupreme Court of Missouri · 1858
- Thomas v. BabbSupreme Court of Missouri · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Moore v. Ready Mixed Concrete CompanySupreme Court of Missouri · 1959
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Baker v. AsheTexas Supreme Court · 1891
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
30 more not listed; retrieve them via the Exa API.