Legal Opinion

Sager v. Samson Mining Co.

Missouri Court of Appeals

Decided January 29, 1914PublishedCited by 4 opinions

Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) The court should have given the peremptory instruction asked by the defendant at the close of the evidence. No negligence was shown. Breen v. St. Louis Cooperage Co., 50 Mo. App. 202; Bennett v. Lumber Co., 116 Mo.

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Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) The court should have given the peremptory instruction asked by the defendant at the close of the evidence. No negligence was shown. Breen v. St. Louis Cooperage Co., 50 Mo. App. 202; Bennett v. Lumber Co., 116 Mo. App. 699; Fisher v. Central Lead Co., 156 Mo. 479; Brands v. Street Car Co., 213 Mo. 698; Southerland v. G-arretson Lumber Co., 130 S. W. 40; Trigg v. Land & Lumber Co., 187 Mo. 237; Kipper v. Shoe Co., 116 Mo. App. 167. (2) The defendant was not obliged to furnish the safest and best…

1Opinion of the CourtFarrington, J.

Action to recover the sum of twelve thousand dollars as damages for personal injuries. Judgment for plaintiff. Defendant appealed.

Respondent, Charles A. Sager, appeared at appellant’s mine west of Joplin, in Jasper county, Missouri, on the afternoon of February 28, 1912, and stated to appellant’s ground foreman who had charge of employing men for appellant that respondent’s father, an employee of appellant, was sick, and that he had come to work in his father’s place. The ground foreman, in the presence of witnesses, told respondent to take his father’s place on the scréen and go to work. In…

2Cases cited14 opinions

  1. Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
  2. Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
  3. Brands v. St. Louis Car Co.Supreme Court of Missouri · 1908
  4. Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
  5. State v. TuckerSupreme Court of Missouri · 1910

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Melcher v. Freehold Investment Co.Missouri Court of Appeals · 1915
  2. Choate v. City of SpringfieldSupreme Court of Missouri · 1939
  3. Curtright v. RuehmannMissouri Court of Appeals · 1914
  4. Melcher v. Freehold Investment Co.Missouri Court of Appeals · 1915

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