Junior v. Missouri Electric Light & Power Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. (1) It was the duty of defendants who knew of the danger to which the deceased was exposed to warn him of the same.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. (1) It was the duty of defendants who knew of the danger to which the deceased was exposed to warn him of the same. WilUns v. Railroad, 101 Mo. 106; Hurt v. Railroad, 94 Mo. 255. (2) The court erred in withholding the case from the jury because the proof was not conclusive that deceased knew of the danger to which he was exposed or that he would have seen the same even if he had looked in the proper direction. Lynch v. Railroad, 112 Mo. 433; see, also, 106 Mo. 423; 108 Mo. 480. Again, it was error to hold the deceased…
1Opinion of the CourtG-antt, P. J.
This is an action for personal damages, by the widow of Alfred Junior, alleged to have been caused by the defendant’s negligence in leaving its electric wires defectively and insufficiently insulated and covered, whereby her husband, who was a lineman in the employment of defendant, came in contact with said wires on the first day of December, 1890, while in the discharge of his duties as lineman, and was killed.
The answer was a general denial, plea of contributory negligence on the part of deceased in the careless handling of the wires and his neglect to wear the rubber gloves furnished him…
2Cases cited8 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Browder v. MillaMissouri Court of Appeals · 1956
- Knowlton v. Des Moines Edison Light Co.Supreme Court of Iowa · 1902
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Trout v. Laclede Gaslight Co.Missouri Court of Appeals · 1910
16 more not listed; retrieve them via the Exa API.