Brunke v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The petition failed to charge and the evidence failed to show that the defendant’s employees were guilty of any negligence for the reason that the boy was not shown to have been in any place of danger to the knowledge of the employees, or that by the exercise of ordinary care they could have known that he was in any place of danger at the time the cleaver was thrown.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The petition failed to charge and the evidence failed to show that the defendant’s employees were guilty of any negligence for the reason that the boy was not shown to have been in any place of danger to the knowledge of the employees, or that by the exercise of ordinary care they could have known that he was in any place of danger at the time the cleaver was thrown. (2) There was no evidence whatever as to the value of the services of the infant, or from which they could he ascertained or that he had ever performed any, or…
1Opinion of the CourtEllison, J.
The plaintiff’s son was hurt by defendant’s servants striking him on the head with a cleaver. Plaintiff brought this action for damages consequent upon the loss of the son’s services. The verdict was for one thousand dollars and defendant has brought the case here.
There was no evidence offered by defendant. It appears by that in plaintiff’s behalf that his son was passing along a street in St. Joseph when he observed two of defendant’s servants at work on and about a telephone pole; one was up at the top of the pole and the other down on the ground. The boy asked one of these men for a piece…
2Cases cited10 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stephen Jenkins, and Mary Ann Bakke v. McLean Hotels, Inc., Howard Johnson CompanyCourt of Appeals for the Eighth Circuit · 1988
- Wise v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Marshall v. Consolidated Jack Mines Co.Missouri Court of Appeals · 1906
- Voelker v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1910
- Drogmund v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.