Zeigenmeyer v. Goetz Lime & Cement Co.
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Eon. Win. A. Davidson, Judge. The plaintiff assumed the risks that were incident to his employment in the usual operation of the business He was injured by one of those risks. It was as obvious to any man as it was to the foreman. The demurrer should have been sustained on that ground.
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Appeal from Franklin Circuit Court. — Eon. Win. A. Davidson, Judge. The plaintiff assumed the risks that were incident to his employment in the usual operation of the business He was injured by one of those risks. It was as obvious to any man as it was to the foreman. The demurrer should have been sustained on that ground. Fugler v. Bothe, 117 Mo. 475, 22 S. W. 1113; Aldridge v. Furnace Co., 78 Mo. 559; Steinhauser v. Spraul, 127 Mo. 541, 28 S. W. 620, 30 S. W. 102; Junior v. Light & Power Co., 127 Mo. 79, 29 S. W. 998; Epperson v. Cable Co., 155 Mo. 346, 50 S. W. 795, 55 S. W. 1050; Bunt v.…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The finding of the jury for the appellant on the second count *335of the petition as above stated, eliminated from the case the charge of negligence in exploiting an extraordinary blast, and the finding for the respondent upon the first count of the petition affirmed that appellant was negligent in failing to provide respondent with a reasonably safe place in which to carry on his work, so that, as the case stands before us, the recovery is predicated upon the failure to furnish a safe place to work. The question of safe place is the only question with which we are…
2Cases cited30 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Hightower v. EdwardsSupreme Court of Missouri · 1969
- Bennett v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1910
8 more not listed; retrieve them via the Exa API.