Pulley v. Standard Oil Co.
Missouri Court of Appeals
Appeal from Jackson Circuit'Court. — Eon. Walter A. Powell, Judge. (1) Defendant’s act not the proximate cause. Logan v. Railroad, 90 Mo. App. 461. (2) Defendant not negligent. (3) The risk was assumed by plaintiff, Foley v. Light Co., 54 N. J. L. 411, 24 Atl. 487; Epperson y. Cable Co., 155 Mo. 376; Showalter y.
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Appeal from Jackson Circuit'Court. — Eon. Walter A. Powell, Judge. (1) Defendant’s act not the proximate cause. Logan v. Railroad, 90 Mo. App. 461. (2) Defendant not negligent. (3) The risk was assumed by plaintiff, Foley v. Light Co., 54 N. J. L. 411, 24 Atl. 487; Epperson y. Cable Co., 155 Mo. 376; Showalter y. Fairbanks, Morse & Co., 88 Wis. 376, 60 N. W. 258 (approved in Epperson v. Cable Co., 155 M'o. 378). (1) The verdict is supported by the great weight of the evidence and should be affirmed. (2) Defendant was negligent. (3) The risk was not assumed by plaintiff.
1Opinion of the CourtEllison, J.
This is an action for personal injury received by plaintiff and which he charges to defendant’s negligence. He had judgment in the trial court.
It appears that plaintiff was engaged in defendant’s service as a laborer. The evidence tended to show that the foreman, desiring a piece of iron pipe to be leaned from a freight car to the ground to act as a skid in unloading some freight, ordered plaintiff and two fellow-laborers to carry it to the car, a distance of twenty or twenty-five feet. One of the others stated to the foreman that the pipe was “too heavy for three men to carry.” The foreman…
2Cases cited6 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
- Showalter v. Fairbanks, Morse & Co.Wisconsin Supreme Court · 1894
- Leitner v. GriebMissouri Court of Appeals · 1903
- Meyers v. O'Bear-Nestor Glass Co.Missouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Crane v. Liberty Foundry Co.Supreme Court of Missouri · 1929
- Inland Steel Co. v. KiesslingIndiana Supreme Court · 1910
- Morgan v. Oronogo Circle Mining Co.Missouri Court of Appeals · 1911
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Slagel v. Chas. H. Nold Lumber Co.Missouri Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.