Legal Opinion

Nash v. Kansas City HyDraulic Press Brick Co.

Missouri Court of Appeals

Decided November 7, 1904PublishedCited by 8 opinions

Appeal from Jackson Circuit Court. — Hon. W. B. Teas dale, Judge. (1) The plaintiff was not entitled to recover under the evidence in this cause and the court should have so instructed the jury. Beekman v. Brewing Co., 98 Mo. App. 555; Watson v. Coal Co., 62 Mo. App. 356; Marshall v. Hay Press, 69 Mo.

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Appeal from Jackson Circuit Court. — Hon. W. B. Teas dale, Judge. (1) The plaintiff was not entitled to recover under the evidence in this cause and the court should have so instructed the jury. Beekman v. Brewing Co., 98 Mo. App. 555; Watson v. Coal Co., 62 Mo. App. 356; Marshall v. Hay Press, 69 Mo. App. 256; Steinhauser v. Spraul, 127 Mo. 540. (2) But, in any event, if the case was to go to the jury at all, instruction numbered 1 given for the plaintiff was clearly erroneous, because it absolutely required the defendants to furnish the plaintiff a reasonably safe place to work and…

1Opinion of the CourtSmith, P. J.

Action to recover damages for personal injuries resulting from the negligence of the defendant. The petition alleged that the defendant maintained and operated a plant for the manufacture of brick in which said plant it used certain hoppers or feeding bins in which dirt was thrown and rolled into fine dirt which fell below said hoppers or bins and then was caught up by certain cups fastened to an endless chain or belt, propelled by steam, and carried upward to a point where it was dumped into another hopper or bin. That these cups so fastened to said endless chain or belt are enclosed at the…

2Cases cited11 opinions

  1. Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
  2. National Syrup Co. v. CarlsonIllinois Supreme Court · 1895
  3. Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
  4. Holloway v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
  5. Goodson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Meier v. Way, Johnson, Lee & Co.Supreme Court of Iowa · 1907
  2. Thomas v. LandMissouri Court of Appeals · 1930
  3. Zachra v. American Manufacturing Co.Missouri Court of Appeals · 1913
  4. Euler v. State Highway CommissionMissouri Court of Appeals · 1932
  5. Furstenfeld v. FurstenfeldMissouri Court of Appeals · 1910

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