Bloomfield v. Worster Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -Now. Jesse A. McDonald, Judge. The court erred in overruling tbe demurrer to the evidence for the following reasons: (a) There was no negligence on the part of the defendant shown, although two specific acts of negligence had been allegd. The evidence, therefore, wholly failed to support the allegations of the petition, and, since no negligence was shown, the demurrer to the evidence should have been sustained.
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Appeal from St. Louis City Circuit Court. — -Now. Jesse A. McDonald, Judge. The court erred in overruling tbe demurrer to the evidence for the following reasons: (a) There was no negligence on the part of the defendant shown, although two specific acts of negligence had been allegd. The evidence, therefore, wholly failed to support the allegations of the petition, and, since no negligence was shown, the demurrer to the evidence should have been sustained. Ziegenmeyer, Admr., v. Goetz L. & Co., 88 Mo. 139. Harper v. Railway, 187 Mo. 575, 86 S. W. 99; Chandler v. Glass Co., 174 Mo'. 321, 73 S.…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Generally speaking, it is the dnty of the master to* exercise ordinary care to furnish the servant a reasonably safe place, where, by exercising ordinary care on his part, he can perform the labors assigned with a reasonable degree of safety to himself, subject only to the risks ordinarily incident to the employment. But it is said that this well-settled rule has an equally well-settled exception, and that is, that the master is not required to furnish the servant such a safe place in which to work when the danger is temporary and transitory only, and arises from…
2Cases cited5 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905
3Cited by8 opinions
- Bennett v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1910
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Holman v. E. E. Souther Iron Co.Missouri Court of Appeals · 1911
- Cooney v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
- Hall v. Wabash RailroadMissouri Court of Appeals · 1912
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