Legal Opinion

Barron v. Missouri Lead & Zinc Co.

Supreme Court of Missouri

Decided February 24, 1903PublishedCited by 4 opinions

■ Appeal from Jasper Circuit Court. — New. Jos. D. Perkins, Judge. (1) The obvious intent of the Legislature, as gathered from the whole article relating to the safety and inspection of mines was to place an obligation on the mine operator to furnish his servants with safe machinery and although that intention may not have been precisely expressed, it is plainly perceivable, from the act itself, and that intention should be enforced and carried out and made to control the…

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■ Appeal from Jasper Circuit Court. — New. Jos. D. Perkins, Judge. (1) The obvious intent of the Legislature, as gathered from the whole article relating to the safety and inspection of mines was to place an obligation on the mine operator to furnish his servants with safe machinery and although that intention may not have been precisely expressed, it is plainly perceivable, from the act itself, and that intention should be enforced and carried out and made to control the strict letter. Secs. 8811, 8818, 8819, E. S. 1899; State v. King, 44 Mo. 283; Sutherland on Statutory Construction (1891),…

1Opinion of the CourtFox, J.

On October 22, 1898, this suit was commenced in the circuit court of Jasper county, Missouri, by filing with the clerk of said court the following petition :

“Plaintiff for a cause of action against the defendant, states that on and before June 26,1898, the defendant was a corporation, duly incorporated under the laws of the State of Missouri, as a business corporation, and was then and there engaged in mining for lead and zinc ores and other valuable substances on its mining land near the city of Jopljn, in said county, and was engaged in digging and raising lead ore and zinc ore and waste…

2Cases cited3 opinions

  1. Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
  2. Durant v. Lexington Coal Mining Co.Supreme Court of Missouri · 1888
  3. Lumaghi v. VoytillaAppellate Court of Illinois · 1902

3Cited by4 opinions

  1. Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
  2. Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
  3. Demattei v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
  4. State ex rel. Pelligreen Construction Co. v. ReynoldsSupreme Court of Missouri · 1919

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