Warner v. Chicago, Rock-Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Daviess Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The rules of law as to the duties of the master and the rights of the servant in the case of the use of complicated and dangerous machinery, where the defects are likely to be obscure and the position of the servant one of hazard and danger, are not applicable to cases of ordinary laborers working with simple tools or implements such as an as, a hoe, a spade, or, as in this case, an ordinary ladder, the…
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Appeal from the Daviess Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The rules of law as to the duties of the master and the rights of the servant in the case of the use of complicated and dangerous machinery, where the defects are likely to be obscure and the position of the servant one of hazard and danger, are not applicable to cases of ordinary laborers working with simple tools or implements such as an as, a hoe, a spade, or, as in this case, an ordinary ladder, the danger attending the uses of which is very slight and whose defects are readily discoverable and usually easily…
1Opinion of the CourtGill, J.
This is an action for damages on account of personal injuries received by the plaintiff in falling from a defective ladder, in use at the defendant’s coal chutes in the yards at St. Joseph, where the plaintiff was employed. The coal bins were located on a platform, raised about twenty feet above the surface of the ground, and the only means for reaching these bins and chutes, where plaintiff' and others worked, was a ladder’constructed at the end of the platform. The ladder was twenty feet long and composed of two perpendicular pieces of timber, having the rounds mortised in or nailed to the…
2Cases cited10 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Harris v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- J. M. Griffin & Sons, Inc. v. Newton Butane Gas & Oil Co.Mississippi Supreme Court · 1951
- Lampe v. St. Louis Brewing Assn.Missouri Court of Appeals · 1920
- Wray v. Southwestern Electric Light & Water Power Co.Missouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.