Riger v. M. E. Leming Lumber Co.
Missouri Court of Appeals
Appeal from the Circuit Court of Bollinger County.— Hon. Peter H. Huck, Judge. (1) Plaintiff’s petition fails to state a cause of action against defendant. It neither alleges that the tools with which plaintiff worked were defective nor that the place furnished him to work was unsafe. To recover, one condition or the other must be pleaded and proved.
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Appeal from the Circuit Court of Bollinger County.— Hon. Peter H. Huck, Judge. (1) Plaintiff’s petition fails to state a cause of action against defendant. It neither alleges that the tools with which plaintiff worked were defective nor that the place furnished him to work was unsafe. To recover, one condition or the other must be pleaded and proved. Modlagl v. Iron & Foundry Co., 248 Mo. 587, 1. c. 602-3. (2) Defendant’s demurrer at the close of plaintiff’s case should have been sustained. Plaintiff’s evidence fails to show any defect whatever in the simple tools with which he worked — a…
1Opinion of the CourtBradley, J.
This is an action for personal injury. The cause was tried below to a jury, and verdict *327and judgment went in favor of plaintiff for $5000. Motions for new trial and in arrest were overruled, and defendant appealed.
Plaintiff was employed by defendant at Remoc in Bollinger County, and was engaged in loading logs from tbe ground onto cars. The loading outfit was on a spur or switch adjacent to the railroad. The loading was carried on by steam power, wire cable, tongs, etc. A car of coal was placed on a switch leading to the loader, and in order to unload this car of coal it was necessary to move…
2Cases cited12 opinions
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
- Callahan v. WarneSupreme Court of Missouri · 1867
- Hawkins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Hegberg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
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