Young v. Shickle, Harrison & Howard Iron Co.
Supreme Court of Missouri
Apjieal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The erecting, providing and using of the platt form and signal stations by defendant in the manner described in the petition was negligence and constituted a breach of its duty as the employer of plaintiff. Bazell v. Mfg. Co., 48 Me. 113 ; Porter v. Railroad, 71 Mo. 66 ; Parsons r>. Railroad, 94 Mo. 266 ; Reber v. Toioer, 11 Mo.
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Apjieal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The erecting, providing and using of the platt form and signal stations by defendant in the manner described in the petition was negligence and constituted a breach of its duty as the employer of plaintiff. Bazell v. Mfg. Co., 48 Me. 113 ; Porter v. Railroad, 71 Mo. 66 ; Parsons r>. Railroad, 94 Mo. 266 ; Reber v. Toioer, 11 Mo. App. 199 ; Shearman & Redf. on Negligence, secs. 194, 197. (2) Defendant’s negligence and breach of duty as plaintiff’s employer was the direct and proximate cause of plaintiff’s injury. (3)…
1Opinion of the CourtBlack, J.
The defendant is a corporation engaged in the manufacture of iron, and this is a suit by an employe to recover damages for personal injuries. When the case came on for trial, the defendant objected to the introduction of any evidence, on the ground that the petition did not state facts sufficient to constitute a cause of action, which objection was sustained, and the plaintiff took a nonsuit with leave, etc.
The plaintiff states in his petition that he was at work on a platform over which was suspended a wire cable ; that a mechanical appliance known as a traveler worked along and over the…
Also in this document: Dissent.
2Cases cited6 opinions
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Elfrank ex rel. Elfrank v. SeilerSupreme Court of Missouri · 1873
- Cummings v. CollinsSupreme Court of Missouri · 1876
- Roberts v. WalkerSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
- Wall v. Continental Casualty Co.Missouri Court of Appeals · 1905
37 more not listed; retrieve them via the Exa API.