Delo v. Old Dominion Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) When not only the defect but the dangers incident to the use of the defective machinery are known to an experienced man and he continues to work therewith and is injured he cannot recover.
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Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) When not only the defect but the dangers incident to the use of the defective machinery are known to an experienced man and he continues to work therewith and is injured he cannot recover. Price v. Bailroad, 77 Mo, 508; Nugent v, Mill Co., 131 Mo. 241; Steinhousen v. Spraul, 127 Mo. 541; McDermott v. Bailroad, 87 Mo. 285; Dewitt v. Bailroad, 50 Mo. 302; Bains v. Bailroad, 71 Mo. 164; Spiva v. Coal & Mining Co., 88 Mo. 68; Epperson v. Cable Co., 155 Mo. 346; Bridges v. Bailroad, 6 Mo. App. 389; Hurst v. Bailroad, 163 Mo. 309. (2)…
1Opinion of the Court
GRAY, J. —
Appeal from a judgment of $200' in favor of plaintiff in an action for personal injuries. The appellant was. engaged in mining in Jasper county, and plaintiff was in its employ as a drill or machine man. The drill weighed about 310 pounds and was a machine used for the purpose of drilling holes into which powder was placed and discharged for the purpose of breaking dirt so it could bé hoisted to the surface, and the ore therein extracted and prepared for market. The power used in running the machine was compressed air, of about 100 pounds pressure, and the drill made about 118…
2Cases cited18 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
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3Cited by3 opinions
- Bliesner v. G. Riesmeyer Distilling Co.Missouri Court of Appeals · 1913
- State Ex Rel. Chicago & Alton Railroad v. AllenSupreme Court of Missouri · 1921
- Humphrey v. LuskMissouri Court of Appeals · 1917