Lucey v. Hannibal Oil Co.
Supreme Court of Missouri
Appeal from Hannibal Court' of Common Pleas. — Hon. Reuben E. Ron, Judge. (1) To say that if plaintiff did not complain he was guilty of contributory negligence, and if he did complain he must have known and therefore assumed the risk, is to put the plaintiff through an ordeal but no trial. It is good provincial logic but nowise tolerable fallacy.
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Appeal from Hannibal Court' of Common Pleas. — Hon. Reuben E. Ron, Judge. (1) To say that if plaintiff did not complain he was guilty of contributory negligence, and if he did complain he must have known and therefore assumed the risk, is to put the plaintiff through an ordeal but no trial. It is good provincial logic but nowise tolerable fallacy. Keegan v. Cavanaugh, 62 Mo, 230. (2) There is no specification of any contributory negligence {Harrison v. Missouri, etc., 74 Mo.- 364), and the evidence shows unusual care on the plaintiff’s part. ' The hurried propulsion by the foreman leading and…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff to recover damages for personal injuries sustained by him while a laborer in the service of defendant. The action is predicated on the' negligence of defendant in propping up a latteral crossbeam in the building where he was required to work in the discharge of his duties, in consequence of which the crossbeam fell and struck him on the head and arm and injured him. The defense was assumption of the risk, and contributory negligence on the part of plaintiff.
*38At the conclusion of the testimony introduced by plaintiff, defendant interposed a demurrer thereto, which…
2Cases cited3 opinions
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- Sowden v. Idaho Quartz Mining Co.California Supreme Court · 1880
- Smith v. T. J. Sellars & Co.Supreme Court of Louisiana · 1888
3Cited by11 opinions
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Adolff v. Columbia Pretzel & Baking Co.Missouri Court of Appeals · 1903
- Carter v. BaldwinMissouri Court of Appeals · 1904
- Harris v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Connolly v. St. Joseph Press Printing Co.Supreme Court of Missouri · 1902
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