Overby v. Mears Mining Co.
Missouri Court of Appeals
Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. (1) The petition did not allege a cause of action, in that it only charged a condition “likely” to cause an injury, and wholly failed to allege facts sufficient to constitute a cause of action for either common law or statutory negligence.
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Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. (1) The petition did not allege a cause of action, in that it only charged a condition “likely” to cause an injury, and wholly failed to allege facts sufficient to constitute a cause of action for either common law or statutory negligence. Beasley v. Transfer Co., 148 Mo. 421; Plefka v. Knapp, 145 Mo. 318. (2) The petition alleging that the defendant required the decedent and his co-employees to stand in the tub or can in being hoisted from the mine and the undisputed evidence showing that the decedent was standing on the rim of the…
1Opinion of the CourtGray, J.
This is an appeal from a judgment of f6000, in favor of the plaintiff for the death of her husband, who was killed by falling from a tub while he was being hoisted from the appellant’s mine in Newton county, Missouri, on July 29, 1907.
The appellant, at the time complained of, was a corporation engaged in mining for lead and zinc in Newton county, and-the plaintiff’s husband was in its employ. The appellant had two shafts at its mining plant, known as the Mascot shaft and the Homestake shaft. Plaintiff’s husband’s usual employment was underneath the ground at the Mascot shaft. On the evening…
2Cases cited12 opinions
- Mahaney v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1891
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Cohn v. City of KansasSupreme Court of Missouri · 1891
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3Cited by5 opinions
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Cody v. LuskMissouri Court of Appeals · 1914
- Bible v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Baxter v. Campbell Lumber Co.Missouri Court of Appeals · 1914