Batesell v. American Zinc, Lead & Smelting Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One. — Eon. Joseph D. Perkins, Judge. (1) The court erred in excluding legal and competent evidence offered by tlie plaintiffs. Overby v. Min. Co., 144 Mo. App. 363; Crane v. Railroad, 87 Mo. 595-596; Deeds v. Railroad, 157 Mo. App. 464; Railroad -v. Wright, 115 Ind. 378, 16 N. E. 145, and 17 N. E. 584; Peerless Mfg. Co. v. Denham, 15 Ely. Law, 95; Walsh v. Chicago, 94 111. App. 311; Schiller v. Breweries Co., Í56 Mo.
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Appeal from Jasper County Circuit Court, Division Number One. — Eon. Joseph D. Perkins, Judge. (1) The court erred in excluding legal and competent evidence offered by tlie plaintiffs. Overby v. Min. Co., 144 Mo. App. 363; Crane v. Railroad, 87 Mo. 595-596; Deeds v. Railroad, 157 Mo. App. 464; Railroad -v. Wright, 115 Ind. 378, 16 N. E. 145, and 17 N. E. 584; Peerless Mfg. Co. v. Denham, 15 Ely. Law, 95; Walsh v. Chicago, 94 111. App. 311; Schiller v. Breweries Co., Í56 Mo. App. 569; Brunke v. Tel. Co., 115 Mo. App. 36; Hunt v. McNamee, 141 Fed. 293; Holland v. Railroad, 91 Ala. 444,12 L. R.…
1Dissent
DISSENTING OPINION.
STURGIS, J.
That there is abundant evidence tending to show that plaintiffs’ father was inexperienced in the work of breaking large boulders by dynamite is clear. He enlisted in the army at eighteen or nineteen years of age and served three years. He returned from this occupation about three months before his marriage to the mother of these plaintiffs. After such marriage he followed farming for the most'part, though working for a time as a section hand on a railroad. What little mining work he is shown to have done before his injury, not exceeding two weeks, is shown to…
2Cases cited16 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Felton v. GirardyCourt of Appeals for the Sixth Circuit · 1900
- Louisville & N. R. v. MillerCourt of Appeals for the Sixth Circuit · 1900
- Gray v. Commutator Co.Supreme Court of Minnesota · 1902
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