Legal Opinion

Hosheit v. Lusk

Missouri Court of Appeals

Decided June 17, 1915PublishedCited by 4 opinions

Appeal from Lawrence County Circuit Court. — Eon„ Carr McNatt, Judge. Statement. — By this suit plaintiff sought to recover damages on account of the -loss of four fingers, on his left hand while engaged in operating a ‘ ‘ jointer ’ ’ in the machine shops of the defendants at Springfield, Missouri.

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Appeal from Lawrence County Circuit Court. — Eon„ Carr McNatt, Judge. Statement. — By this suit plaintiff sought to recover damages on account of the -loss of four fingers, on his left hand while engaged in operating a ‘ ‘ jointer ’ ’ in the machine shops of the defendants at Springfield, Missouri. The case was tried in the Lawrence county circuit court, resulting in a verdict for plaintiff for $10,000. On the day the verdict was returned defendants filed a motion for new trial assigning as one of the-grounds that the verdict is excessive and the plaintiff voluntarily remitted $2500 and the…

1Opinion of the Court

OPINION.

STURGIS, J.

The foregoing statement of' the facts and evidence disposes of defendants’ contention that a demurrer should have been sustained to the evidence. There is ample evidence to sustain either *440ground of negligence submitted to the jury in plaintiff’s instructions, to-wit: “First: Whether or not defendants exercised ordinary care to keep said jointer, its knives and table in reasonably safe repair or condition for plaintiff to perform his work thereon; Second : Whether or not defendants exercised. ordinary ■care to furnish braces, or supports or attachments on said jointer to…

2Cases cited15 opinions

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  2. Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
  3. Curtis v. McNairSupreme Court of Missouri · 1903
  4. Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
  5. Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906

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3Cited by4 opinions

  1. George v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1918
  2. Tatum v. Crescent Laundry Co.Missouri Court of Appeals · 1919
  3. Haggard v. Southwest Missouri RailroadMissouri Court of Appeals · 1920
  4. Bridges v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1917

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