Burkard v. A. Leschen & Sons Rope Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court . — Hon. Jno. W. McElhinney, Judge. (1) Where the servant has apprehensions of the danger of the place where he is required to work hut relies upon the assurance of the foreman, in charge of the work and in charge of the servant, that it is safe, and the servant is injured, the master is liable for such injuries.
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Appeal from St. Louis County Circuit Court . — Hon. Jno. W. McElhinney, Judge. (1) Where the servant has apprehensions of the danger of the place where he is required to work hut relies upon the assurance of the foreman, in charge of the work and in charge of the servant, that it is safe, and the servant is injured, the master is liable for such injuries. Brothers v. Carter, 52 Mo. 376; Lewis v. Railroad, 59 Mo. 508; Gormley v. Yulcan Iron Works, 61 Mo. 496; McGowan v. Railroad, 61 Mo. 532; Keighan v. Kavanaugh, 62 Mo. 232; Cook v. Railroad, 63 Mo. 403; Dowling v. Gerard B. Allen & Co., 74…
1Opinion of the CourtBurgess, J.
Plaintiff recovered judgment in the court below for $5,000 damages for personal injuries alleged to have been caused by the negligence and carelessness of the defendant and its foreman, from which judgment defendant appeals.
The record shows that plaintiff was a laborer employed by the defendant company in its bonded warehouse in the city of St. Louis, and had been in the em-’ ploy of the company about five months at the time of the injury, November 11, 1904. The company worked about two hundred men in its warehouse, and had a general foreman named Henry Peterson, under whom were foremen or…
2Cases cited20 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Messing v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1929
- Coal & Coke Ry. Co. v. DealCourt of Appeals for the Fourth Circuit · 1916
- Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
- Boten ex rel. Boten v. Sheffield Ice Co.Missouri Court of Appeals · 1914
- Helton v. HakeMissouri Court of Appeals · 1978
26 more not listed; retrieve them via the Exa API.