Steffen v. Mayer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) There wa.s no actionable negligence on the part of defendants shown. If there was inadvertence that does not constitute culpable negligence.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) There wa.s no actionable negligence on the part of defendants shown. If there was inadvertence that does not constitute culpable negligence. Brown v. Railroad, 50 Mo. 461 ; Barton v. Railroad, 52 Mo. 253. (2) Where in an action founded on the negligence of defendant, plaintiff’s evidence shows that his own negligence directly contributed to produce the injury, he disproves the case alleged, and cannot recover. Buesching v. Gas Go., 73 Mo. 229 ; Flynn v. Railroad, 78 Mo. 195 ; Milburn v. Railroad, 86 Mo. 104. (3) A…
1Opinion of the CourtBlack, J.
The plaintiff was a laborer at the defendants’ foundry, and in general worked at the kiln, burning bone black. During a period of five years, he had often assisted in loading and unloading mills, when taken out for repair. On the present occasion a new mill, consisting of three pieces, came to the factory on defendants’ wagon, drawn by a three-horse team. The road was muddy, so that the team had to stop one hundred and fifty yards from the mill and within fifteen or twenty feet of a railroad track. Whilst the plaintiff and others were unloading the mill, the horses became frighten'ed at an…
2Cited by5 opinions
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Graczak v. City of St. LouisSupreme Court of Missouri · 1947
- Cain v. Humes-Deal Co.Supreme Court of Missouri · 1932
- Ryan v. McCullySupreme Court of Missouri · 1894
- Deweese v. Meramec Iron Mining Co.Missouri Court of Appeals · 1893