Cristy v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Defendant contends that the objection to the introduction of any testimony under the petition should have been sustained. The better rule is that in dealing with such simple instrumentalities as a ladder the' servant has no right to rely on the promise to repair.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Defendant contends that the objection to the introduction of any testimony under the petition should have been sustained. The better rule is that in dealing with such simple instrumentalities as a ladder the' servant has no right to rely on the promise to repair. And where the tool or appliance is a simple one of this character, and the danger is obvious, the plaintiff has no right to rely upon the promise of the master to repair. Blundel v. Manufacturing Co., 189 Mo. 563; Marsh v. Chickering, 101N. Y. 396. (2) The fact that he…
1Opinion of the CourtEllison, J.
Defendant operates an electric railway in Jasper county, and plaintiff was' engaged in its service as a “lineman” when he received injuries which he charges to defendant’s negligence in furnishing him unsafe appliances with which to work. He recovered judgment in the trial court.
To permit the judgment in this case to stand would, in effect, abolish the rule as to contributory negligence and make of .the employer an insurer of the absolute safety of those engaged in Ms service. The evidence discloses that plaintiff was engaged in work on the trolley which was about twenty-two feet from the…
2Cases cited4 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Meyers v. O'Bear-Nestor Glass Co.Missouri Court of Appeals · 1908
3Cited by3 opinions
- Kellerman v. Kansas City Long Distance Telephone Co.Missouri Court of Appeals · 1915
- Welch v. Dieter & WenzelMissouri Court of Appeals · 1909
- Lowe v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912