O'Donnell v. Baum
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The plaintiff was under no obligation to investigate for himself. He had a right to assume that there were no defects.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The plaintiff was under no obligation to investigate for himself. He had a right to assume that there were no defects. Devlin v. Railroad, 87 Mo. 545; Parsons v. Railroad, 94 Mo. 286; Porter v. Railroad, 60 Mo. 160; Dale v. Railroad, 63 Mo. 455. This case should have gone to the jury, because different inferences may be drawn from the undisputed facts in evidence, as to whether respondents were, or were not, guilty of negligence, which was the direct cause of appellant’s injury. Hufin v. Railroad, 92 Mo. 440; Nagel…
1Opinion of the CourtBiggs, J.
It is the well-established law of this state, that the master must furnish his servants with safe and properly-constructed machinery for carrying on his business; but, by this, the law does not mean that such a degree of diligence is exacted of the master as to make him the insurer of his servants against accidents, which may result from defective machinery furnished by him. The rule is, that the master, in the selection of machinery, must exercise ordinary care, and the same degree of diligence is required of him to keep it in repair. Porter v. Hannibal, etc., Railroad, 71 Mo. 66; Seil v.…
2Cases cited11 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
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3Cited by5 opinions
- Tayer v. York Ice MacHinery Corp.Supreme Court of Missouri · 1938
- Steinhauser v. SpraulSupreme Court of Missouri · 1893
- Brown v. Hershey Land & Lumber Co.Missouri Court of Appeals · 1896
- Kemp v. Hunter Transfer Co.Supreme Court of Arkansas · 1931
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891