Mathis v. Kansas City Stock Yards Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No#. W. B. Teasdale, Judge. (1) Plaintiff failed to make ont a case of injury due to actionable negligence on the part of defendant, and therefore its requests, made at the close of his case, and at the close of all the testimony, that a verdict be directed in its favor, should have been granted, (á) Even if the things alleged constituted defects in the plank, yet they were patent to any observer, and the plaintiff must have known of…
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Appeal from Jackson Circuit Court. — No#. W. B. Teasdale, Judge. (1) Plaintiff failed to make ont a case of injury due to actionable negligence on the part of defendant, and therefore its requests, made at the close of his case, and at the close of all the testimony, that a verdict be directed in its favor, should have been granted, (á) Even if the things alleged constituted defects in the plank, yet they were patent to any observer, and the plaintiff must have known of them, and was chargeable with such knowledge if he did not actually know it. Wood’s Master and Serv., secs. 382, 419; 2…
1Opinion of the CourtPox, J.
This cause was transferred to Court In Banc from Division No. 1 of this court. The opinion in Division No. 1, by the learned and esteemed judge, fairly states the facts in this cause, and with his permission the same will be adopted. It is as follows:
“The plaintiff recovered a judgment for five thousand dollars damages for personal injuries, sustained by him on August 29, 1899, in consequence of alleged negligence of the defendant in not furnishing him a safe place and safe appliances for doing his work as a servant of the defendant. The defendant appeals.
“The plaintiff was employed by the…
2Cases cited11 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Blanton v. DolbSupreme Court of Missouri · 1891
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Fugler v. BotheSupreme Court of Missouri · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Compton v. Louis Rich Construction Co.Supreme Court of Missouri · 1926
19 more not listed; retrieve them via the Exa API.