Legal Opinion

Van Edwards v. Barber Asphalt Paving Co.

Missouri Court of Appeals

Decided February 10, 1902PublishedCited by 3 opinions

Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Tbe court erred in permitting the so-called experts to testify as to whether the appliance in controversy was reasonably safe, and as to what, in their judgment, would be a safe way to construct the apparatus for attaching the bed to the wagon.

Read the full summary

Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Tbe court erred in permitting the so-called experts to testify as to whether the appliance in controversy was reasonably safe, and as to what, in their judgment, would be a safe way to construct the apparatus for attaching the bed to the wagon. Benjamin v. Railway, 133 Mo. 288; Lee v. Knapp, 155 Mo. 610; Goble v. Kansas City, 148 Mo. 417; Dammann v. St. Louis, 152 Mo. 200; Gutridge v. Railroad, 94 Mo. 468; Brown v. Plank Road Co., 89 Mo. 155; Eubank v. City of Edina, 88 Mo. 655; Koons v. Railroad, 65 Mo. 592; King v. Railroad,…

1Opinion of the CourtEllison, J.

This action is for personal injuries received by plaintiff. He- recovered judgment in the trial court.

Plaintiff was a teamster, owning his own team and wagon. He was engaged by defendant to haul asphalt in Kansas City to a point where defendant was paving a street in that city. The wagónbed and a frame upon which it rested and its fastening to the wagon proper was furnished by defendant. The bed was on rollers and was so contrived that when unfastened in front from the frame on the wagon it would roll backward, the rear end tipping to the ground and thus discharging the load. The fastening in…

2Cases cited10 opinions

  1. Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
  2. Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
  3. Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
  4. Hurst v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1901
  5. Golden v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900

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

3Cited by3 opinions

  1. Shore v. American Bridge Co.Missouri Court of Appeals · 1905
  2. Dewey v. Kline's, Inc.Missouri Court of Appeals · 1935
  3. McCain v. Trenton Gas & Electric Co.Missouri Court of Appeals · 1929

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API