Curtright v. Ruehmann
Missouri Court of Appeals
Appeal from Cape Girardeau Court Common Pleas.— Eon. R. O. Ranney, Judge. (1) Plaintiff’s grounds of negligence is that the defendants (1st) erected, kept and maintained the clipping blocks in such close proximity to the employees and caused the chipping to be done so close to them that their place of work was not reasonably safe; (2nd) that defendants failed, neglected to erect any guards, fenders or barriers to arrest the flying pieces of iron.
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Appeal from Cape Girardeau Court Common Pleas.— Eon. R. O. Ranney, Judge. (1) Plaintiff’s grounds of negligence is that the defendants (1st) erected, kept and maintained the clipping blocks in such close proximity to the employees and caused the chipping to be done so close to them that their place of work was not reasonably safe; (2nd) that defendants failed, neglected to erect any guards, fenders or barriers to arrest the flying pieces of iron. If there was any negligence at all on either of the above charges, however slight, it was a case for the jury and not for the court. Steube v. Iron…
1Opinion of the CourtAllen, J.
This is an action for personal injuries sustained by plaintiff while in the employ of defendants as their servant. The trial court, at the close of plaintiff’s case, gave a peremptory instruction, at defendants ’ request, directing a verdict for defendants. Pursuant to such instruction a verdict was returned accordingly, and after unsuccessfully moving for a new trial, the plaintiff appealed to this court.
Defendants are engaged in the “junk” business in the city of Cape Girardeau. At the time here in question their business was conducted in a large shed, where parts of old machinery were…
Also in this document: Concurrence.
2Cases cited26 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
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