Garard v. Manufacturers' Coal & Coke Co.
Supreme Court of Missouri
Appeal from Adair Circuit Court. — No». Nat. M. Shelton, Judge. (1) Defendant was not guilty of the negligence charged. The rock fell in a new entry not yet taken over by defendant. The rule as to “safe place to work” does not apply to newly excavated portions of a mine.
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Appeal from Adair Circuit Court. — No». Nat. M. Shelton, Judge. (1) Defendant was not guilty of the negligence charged. The rock fell in a new entry not yet taken over by defendant. The rule as to “safe place to work” does not apply to newly excavated portions of a mine. White’s “Personal Injuries in Mines,” sec. 401. (2) Plaintiff in unnecessarily lingering for several minutes under the overhanging rock in the roof of the entry, when he heard it “chipping,” knew that its fall was imminent, was warned by one fellow-servant and himself warned another, when he had ample time to get to a place…
1Opinion of the CourtGraves, J.
Action for personal injuries occurring about the 23rd day of September, 1903. Plaintiff is a coal miner and on that date had an experience in the business of about five years.. Defendant is a Missouri corporation engaged in mining coal. Some three days prior to the injury, plaintiff was employed by the defendant to mine coal in its mine in Adair county. From the evidence it appears that the main entries in this mine run north and south from the shaft. From this north main entry there had been driven at least two entries running towards the east. David Shaw was defendant’s mine foreman and put…
2Cases cited6 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Pennowfsky v. CoerverSupreme Court of Missouri · 1907
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Holden v. Missouri RailroadMissouri Court of Appeals · 1904
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3Cited by20 opinions
- Smith v. WellsSupreme Court of Missouri · 1930
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Bales v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Hoffman v. Peerless White Lime Co.Supreme Court of Missouri · 1927
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
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