Hall v. Wabash Railroad
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Eon. James D. Barnett, Judge. (1) Plaintiff’s petition alleges and the testimony of plaintiff and his witnesses shows that the place where he went to work was not only dang'erons but its dangerous condition was patent to all and the very character of the work they were to do was known to all of them to be dangerous; and, therefore, the demurrer at the close of plaintiff’s evidence should have been sustained.
Read the full summary
Appeal from Montgomery Circuit Court. — Eon. James D. Barnett, Judge. (1) Plaintiff’s petition alleges and the testimony of plaintiff and his witnesses shows that the place where he went to work was not only dang'erons but its dangerous condition was patent to all and the very character of the work they were to do was known to all of them to be dangerous; and, therefore, the demurrer at the close of plaintiff’s evidence should have been sustained. Berry v. Kansas City, 128 Mo. App., 374; Hollingsworth v. N. B. Co., 114 Mo. App. 20; Henson v. Packing Co., 113 Mo. App. 618; Harff v. Green, 168…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
The principal question for consideration relates to the prima facie liability for the injury. Defendant owns and operates a roundhouse at Moberly, Missouri, for the housing of its locomotive engines, and plaintiff was in its employ as a bridge carpenter. Defendant’s-roundhouse is partitioned off into stalls into which locomotive engines are run upon the tracks. Large doors are provided in connection with each stall, to…
2Cases cited4 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Bloomfield v. Worster Construction Co.Missouri Court of Appeals · 1906
3Cited by1 opinion
- McDonald v. Central Illinois Construction Co.Missouri Court of Appeals · 1916