Hirsch v. Freund Bros. Bread Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) Defendant was negligent in putting plaintiff, a common laborer, known to be inexperienced in the use of machines, to work at the machine which caused the injury, without first properly instructing him as to the proper method of operating the machine, and the dangers incident to its operation. 1 Labatt on Master and Servant, sec. 246, p. 556; Browning v. Kasten, 107 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) Defendant was negligent in putting plaintiff, a common laborer, known to be inexperienced in the use of machines, to work at the machine which caused the injury, without first properly instructing him as to the proper method of operating the machine, and the dangers incident to its operation. 1 Labatt on Master and Servant, sec. 246, p. 556; Browning v. Kasten, 107 Mo. App. 59; Bartley v. Railroad, 198 Mass. 163; Lumber Co. v. Brock, 55 Fla. 577; Lehto v. Mining Co., 152. Mich. 412; Ingerman v. Moore, 90 Cal. 410;…
1Opinion of the CourtNorto'Ni, J.
This is a suit for damages accrued on account of personal injuries inflicted through the alleged negligence of defendant. At the conclusion of the evidence, the court instructed a verdict for defendant and plaintiff prosecutes the appeal.
Defendant owns and operates a bakery in the city of St. Louis and plaintiff was in its employ at the time of his injury. It appears plaintiff had been engaged in defendant’s service about the bake shop for nearly four years. His duties pertained somewhat to that of a common laborer. He would aid at whatever seemed to be necessary for the time being. Defendant…
2Cases cited8 opinions
- Nugent v. Kauffman Milling Co.Supreme Court of Missouri · 1895
- Hurst v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1901
- Bair v. HeibelMissouri Court of Appeals · 1903
- Moore v. Kansas City, Ft. Scott & Memphis Railway Co.Supreme Court of Missouri · 1898
- English v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rogers v. Tegarden Packing Co.Missouri Court of Appeals · 1914
- Crandall v. McGilvraySupreme Court of Missouri · 1954
- Rhea v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Kirkpatrick v. American Creosoting Co.Missouri Court of Appeals · 1931
- Bulson v. International Shoe Co.Missouri Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.