Bane v. Irwin
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) Plaintiff charged that defendant negligently sent him into a dangerous place to work, he being in ignorance of the danger, and defendant having actual knowledge thereof. The proof wholly failed to establish the cause of action alleged.
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Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) Plaintiff charged that defendant negligently sent him into a dangerous place to work, he being in ignorance of the danger, and defendant having actual knowledge thereof. The proof wholly failed to establish the cause of action alleged. (2) Plaintiff acted at the time in question on his own judgment and of his own volition, without hesitation or objection, with as full knowledge and opportunity for knowledge as had Gibbs, the alleged foreman, and in his own way, and assumed the risks involved which were those incident to the…
1Opinion of the CourtGantt, P. J.
This is an action for damages for personal injuries. The defendants were partners engaged in operating lead and zinc mines at Duenweg, Jasper county, Missouri, under the name and style of Ground and Irwin. The plaintiff was in their employ,, working in one of their mines, cutting dirt and blasting.. On March 24,1899, one Thomas Gibbs was mine boss or ground foreman in the mine at which plaintiff was. working for defendants. Defendants had other mines in that immediate vicinity and Sennett Rankin was the-general ground foreman over the ground foremen in each of said mines.
“Plaintiff for his…
2Cases cited6 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
- Lantry-Sharpe Contracting Co. v. McCrackenTexas Supreme Court · 1912
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Edge v. Southwest Missouri Electric Railway Co.Supreme Court of Missouri · 1907
24 more not listed; retrieve them via the Exa API.