Montgomery v. Mine La Motte Corporation

STOCKARD, Commissioner.

In the trial of this suit for damages for personal injuries based on common law negligence, plaintiff obtained a jury verdict for $8,000. However, the trial court sustained defendant’s after-trial motion for judgment in accordance with its motion for a directed verdict, the verdict was set aside and judgment entered for defendant-Plaintiff has appealed.

Defendant is engaged in mining and processing lead ore, and it owns and operates what is referred to as an offset mine near Fredricktown, Missouri. In the usual ■course of defendant’s business the ore from this mine is…