Blankenship v. A. M. Hughes Paint & Glass Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. ' . 8lover, Judge. (1) The court should have sustained the demurrer to the evidence. The defendant was not an insurer— its duty was simply to exercise ordinary care to furnish plaintiff a reasonably safe tool with which to work. Goransson v. Manufacturing Co., 186 Mo. 300; Duerst v. Stamping Co., 163 Mo. 607; Franklin v. Railroad, 97 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. James H. ' . 8lover, Judge. (1) The court should have sustained the demurrer to the evidence. The defendant was not an insurer— its duty was simply to exercise ordinary care to furnish plaintiff a reasonably safe tool with which to work. Goransson v. Manufacturing Co., 186 Mo. 300; Duerst v. Stamping Co., 163 Mo. 607; Franklin v. Railroad, 97 Mo. App. 480; Railroad v. Nelms, 83 Ga. 70. (2) Instruction numbered 1 given for plaintiff was erroneous in this, that it told the jury that their verdict must be for the plaintiff if they found that the tool was…
1Opinion of the CourtBroaddus, P. J.
This is an action for damages for injury received by plaintiff, as the result of the alleged negligence of the defendant.
On August 24, 1908, the plaintiff was employed by the defendant and while he was engaged in the course of his employment in coopering a certain keg he struck a coopering tool with a hammer whereupon a piece of steel broke off the side of the tool and struck him in the left eye, from the effects of the wound he thereby received he finally lost the sight of the eye altogether.
The plaintiff is a corporation owning and operating a paint and glass plant in Kansas City, Missouri.
F…
2Cases cited11 opinions
- Richmond & Danville Railroad v. ElliottSupreme Court of the United States · 1893
- Morton v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1890
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Dompier v. LewisMichigan Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hayward v. YostIdaho Supreme Court · 1952
- Sager v. Samson Mining Co.Missouri Court of Appeals · 1914
- Siebert v. Liggett & Myers Tobacco Co.Missouri Court of Appeals · 1925
- Bible v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Hayward v. YostIdaho Supreme Court · 1952
1 more not listed; retrieve them via the Exa API.