Haas v. American Car & Foundry Co.
Missouri Court of Appeals
Appea] from St.' Louis City Circuit Court.—How. Charles Claflin-Allen, Judge. (1) The demurrer to the evidence should have been sustained. The injury to plaintiff may have resulted from mere accident or from the negligence of a fellow-servant. Plaintiff failed to make out a case because his evidence fails to show the injury resulted from a cause for which the master was responsible. Goransson v. Mfg.
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Appea] from St.' Louis City Circuit Court.—How. Charles Claflin-Allen, Judge. (1) The demurrer to the evidence should have been sustained. The injury to plaintiff may have resulted from mere accident or from the negligence of a fellow-servant. Plaintiff failed to make out a case because his evidence fails to show the injury resulted from a cause for which the master was responsible. Goransson v. Mfg. Co., 186 Mo. 307. (2) Instruction No. 1, given at plaintiff’s request, was erroneous, because submitting to the jury the finding of issues of fact unsupported by any evidence, because instructing…
1Opinion of the CourtReynolds, P. J.
By the amended petition in this case upon which it was tried, it is averred in substance that plaintiff was in the employ of defendant as a carpenter; that defendant was negligent in the operation of its plant and the machines and machinery *317therein, especially in the operation of a circular saw, in this, that the “saw and table in which it was fitted, were old, defective and worn loose and out of repair, and said saw ran unevenly and ‘wobbled’ and was not a safe or proper appliance or machine for employees to use, and was not a safe place for employees to work near or about, all of which was…
2Cases cited5 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Hach v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1906
3Cited by2 opinions
- Stobile v. McMahonMissouri Court of Appeals · 1916
- Perry v. Northwestern Coal & Mining Co.Missouri Court of Appeals · 1915