Huskey v. Heine Safety Boiler Co.
Missouri Court of Appeals
Appeal from Butler County Circuit Court. — Hon. J. P. Foard, Judge. (1) Tlie court should have given appellant’s instruction in the nature- of a demurrer to- the evidence at the conclusion of respondent’s evidence for the reason that respondent failed to make a prima-facie case against appellant.
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Appeal from Butler County Circuit Court. — Hon. J. P. Foard, Judge. (1) Tlie court should have given appellant’s instruction in the nature- of a demurrer to- the evidence at the conclusion of respondent’s evidence for the reason that respondent failed to make a prima-facie case against appellant. (2) Respondent’s own case shows that he was guilty of contributory negligence in this: That he chose a dangerous way instead of a safe way of putting the bolt in the bolt hole and therefore is not entitled to recover. Moore v. Railroad, 146 Mo. 572; Hulett v. Railroad, 67 Mo. 241; George v. St. Louis…
1Opinion of the CourtFarrington, J.
The plaintiff recovered a judgment for three thousand dollars on account of personal injuries received by him while in the employ of the defendant. The petition is here set forth as an aid in stating the facts of the case: (Formal parts omitted.)
“Plaintiff states that the defendant is now and was at all the times hereinafter mentioned a corporation duly organized and existing under and by virtue of the laws of the State of Missouri, and that on the 8th day of December, 1913, plaintiff was employed by the defendant in the capacity of sheet metal worker.
“Plaintiff for his cause of action states…
2Cases cited8 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Strother v. Kansas City Milling Co.Supreme Court of Missouri · 1914
- Rowden v. Schoenherr-Walton Mining Co.Missouri Court of Appeals · 1909
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905
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3Cited by1 opinion
- Huskey v. Heine Safety Boiler Co.Missouri Court of Appeals · 1916