Tallman v. Nelson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) The doctrine of res ipsa loquitur does not apply in this case. Breen v. Cooperage Co., 50 Mb. App. 202; Kremer v, Mfg. Co., 120 Mo. App. 247, 252; Deckard v. Railroad, 111 Mo. App. 117; O’Donnell v. Baum, 38 Mo. App. 245. (2) An employer is not liable for an injury caused by a “latent” defect; that is to say, one which is not discoverable by a reasonable inspection.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) The doctrine of res ipsa loquitur does not apply in this case. Breen v. Cooperage Co., 50 Mb. App. 202; Kremer v, Mfg. Co., 120 Mo. App. 247, 252; Deckard v. Railroad, 111 Mo. App. 117; O’Donnell v. Baum, 38 Mo. App. 245. (2) An employer is not liable for an injury caused by a “latent” defect; that is to say, one which is not discoverable by a reasonable inspection. Current v. Railroad, 86 Mo. 62; Electric Co. v. Kelly, 29 Atl. 427; Throckmorton v. Railroad, 39 S. W. 174; Lee v. St. L., etc. Co., 112 Mo. App. 397. (3) Nor…
1Opinion of the CourtEllison, J.
Plaintiff was engaged in defendant’s service as a driver of one of his wagons in Kansas City. He alleges that the wagon had a defective axle, in that the spindle was cracked, by reason of which it broke down, throwing him to the street and injuring him. He recovered judgment in the trial court.
Defendant is the owner and publisher of the Kansas City Star, an evening newspaper published in Kansas City. As such publisher he maintains a number of wagons and drivers to transport the papers to railway trains to be carried to distant places where the paper circulates. On the day plaintiff was hurt…
2Cases cited3 opinions
- Brands v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Zeis v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1907
3Cited by8 opinions
- Mitchell v. PooleMissouri Court of Appeals · 1934
- Denman v. City of PasadenaCalifornia Court of Appeal · 1929
- Blankenship v. A. M. Hughes Paint & Glass Co.Missouri Court of Appeals · 1911
- Indiana Union Traction Co. v. LongIndiana Supreme Court · 1911
- Jewell v. Excelsior Powder Manufacturing Co.Missouri Court of Appeals · 1912
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