Dickinson v. Jenkins
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Eon. Francis E.. Trimble, Judge. (1) The plaintiff was employed to do certain .work: pile and re-pile timbers and paint or varnish them; that was his work and whatever risks attended the work were assumed by him, and for that reason the demurrer to the evidence should have been sustained.
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Appeal from Livingston Circuit Court. — Eon. Francis E.. Trimble, Judge. (1) The plaintiff was employed to do certain .work: pile and re-pile timbers and paint or varnish them; that was his work and whatever risks attended the work were assumed by him, and for that reason the demurrer to the evidence should have been sustained. Bradley v. Forbes Tea Co., 213 Mo. 320; Hollaran v. Union Co., 133 Mo. 470; Harvester Co. v. Zak Zewski, 220 111. 522, 77 N. E. 147; Winkler v. Basket Co., 137. Mo. 400. (2) The master can conduct his business in his own way, though a différent method would have been…
1Opinion of the CourtJohnson, J.
Action by a servant against his master to recover damages for injuries alleged to have been caused by negligence of the master. Verdict and judgment were for plaintiff in the sum of one thousand dollars and the cause is before us on the appeal of defendant.
The injury occurred in the morning of July 13, 1908, in the paint room of an agricultural implement factory operated by defendant in Chillicothe. Plaintiff, a common laborer, had been employed in the factory about three months and, at the time of his injury, was engaged with a fellow-servant in the task of taking timbers, recently painted,…
2Cases cited2 opinions
- Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1905
- Courter v. TootleMissouri Court of Appeals · 1909
3Cited by10 opinions
- Sabol v. St. Louis Cooperage Co.Supreme Court of Missouri · 1926
- Cody v. LuskMissouri Court of Appeals · 1914
- Kautz v. St. Louis Refrigerator Car Co.Missouri Court of Appeals · 1920
- Sager v. Samson Mining Co.Missouri Court of Appeals · 1914
- Small v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1913
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