Hall v. St. Joseph Water Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in failing to sustain appellant’s objection to the introduction of any evidence. (2) The court erred in admitting incompetent evidence. (3) The errors of the court in instructing the jury: First. The third instruction given by the court of its own motion allows respondent to recover for tlie negligent construction of the trench' in which he was working.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in failing to sustain appellant’s objection to the introduction of any evidence. (2) The court erred in admitting incompetent evidence. (3) The errors of the court in instructing the jury: First. The third instruction given by the court of its own motion allows respondent to recover for tlie negligent construction of the trench' in which he was working. The petition, alleges, as the only ground of recovery, the negligent order of appellant in making respondent work in a dangerous place. This is clearly…
1Opinion of the CourtGtIll, J.
The plaintiff sued the defendant on account of personal injuries received by him while working in a deep ditch or trench then being dug by the defendant. The plaintiff was one of the gang of laborers employed by the water company in excavating at the defendant’s reservoir. The action is based on the alleged negligence of defendant in so digging the trench that its sides were dangerously steep and unprotected, and that plaintiff was negligently ordered to enter the ditch, and while working there under the direction of the foreman the said walls fell in, and upon him, so that he received…
2Cases cited5 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Murray v. St. Louis Cable & Western Railway Co.Supreme Court of Missouri · 1889
- M. Forster Vinegar Manufacturing Co. v. GuggemosSupreme Court of Missouri · 1889
- Cox v. Syenite Granite Co.Missouri Court of Appeals · 1890
3Cited by5 opinions
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Monmouth College v. DockerySupreme Court of Missouri · 1912
- Kincaid v. EstesMissouri Court of Appeals · 1924
- Lemser v. St. Joseph Furniture Manufacturing Co.Missouri Court of Appeals · 1897
- Coggshall v. MungerMissouri Court of Appeals · 1893