Moran v. Brown
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The servant takes the risk of the negligence, recklessness, or misconduct of his fellow-servant, the- use of the material and implements furnished, and their failure from latent defects not revealed by practical tests, and from deterioration by the usual wear and tear.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The servant takes the risk of the negligence, recklessness, or misconduct of his fellow-servant, the- use of the material and implements furnished, and their failure from latent defects not revealed by practical tests, and from deterioration by the usual wear and tear. Laning v. Railroad, 49 N. Y. 521; 2 Thompson on Negligence, 940'; Warner v. Railroad, 39 N. Y. 469. Where the plaintiff’s evidence is equally consistent with the absence as with the existence of negligence in the defendant, the court will not be justified in leaving…
1Opinion of the CourtThompson, J.
This is an action for damages for negligence. The negligence stated in the petition is, that the plaintiff, while at work as an employe of the defendant, was injured in consequence of the breaking of the helve of an axe in the hands of another servant of the defendant, the helve being in a defective and rotten condition, *489which fact was known to the defendant, or might have been discovered by him by the exercise of ordinary care. It is thus seen that the negligence npon which the action is predicated is the failure of the defendant to exercise reasonable care in providing an axe with a safe…
2Cases cited1 opinion
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
3Cited by7 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Ft. Smith W. R. Co. v. HolcombeSupreme Court of Oklahoma · 1916
- Crader v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Warmington v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1891
- Rogers v. Hammond Packing Co.Missouri Court of Appeals · 1912
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