Haworth v. Mineral Belt Telephone Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) There was no evidence to warrant the submission of the case to the jury and the court should have given the peremptory instructions asked by the defendant. Electric Illuminating Co. v. Patt, Admx., 84 Ya. 747. (2) The defect, if any, was as clear and obvious to plaintiff as to defendant, and no negligence can be predicated thereon. Berning v. Medart, 56 Mo.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) There was no evidence to warrant the submission of the case to the jury and the court should have given the peremptory instructions asked by the defendant. Electric Illuminating Co. v. Patt, Admx., 84 Ya. 747. (2) The defect, if any, was as clear and obvious to plaintiff as to defendant, and no negligence can be predicated thereon. Berning v. Medart, 56 Mo. App. 443; Pugler v. Bothe, 117 Mo. 475; Albridge, Admr., v. Furnace Co., 78 Mo. 559; Watson v. Coal Co. 52 Mo. App. 366; Wray v. South W. E. L. & P. Co., 68 Mo. App. 380;…
1Opinion of the CourtEllison, J.
Plaintiff was an employee of the defendant telephone company. He was injured while engaged in assisting in stringing some additional wires on the poles of the company. He brought this action for damages and obtained judgment in the trial court.
The objection to the judgment refers principally to the right of plaintiff to recover under the evidence. Since the verdict was for the plaintiff we will state in substance what the evidence in his behalf tended to *164prove'. He, and some others, were in defendant’s employ under the direction of one Watson. They were stringing wires connecting some…
2Cases cited4 opinions
- Bane v. IrwinSupreme Court of Missouri · 1903
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
- Twohey v. FruinSupreme Court of Missouri · 1888
- Chambers v. ChesterSupreme Court of Missouri · 1903
3Cited by1 opinion
- Ruggeri v. Mitchell Clay Manufacturing Co.Supreme Court of Missouri · 1929