Walsh v. Union Quarry & Construction Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Kent K. Koerner, Judge. (1) The injury suffered by the plaintiff was due to an inherent risk of the employment, which he assumed, and not to actionable negligence of the master. Bennett v. Lime. Co., 146 Mo. App. '569; Roberts v.' Jones, 156 Mo. App. 557; Bradley v. Railway Co., 138 Mo. 293; Zeigenmeyer v. Cement Co., 113 Mo. App. 336; 19 L. R. A. (N. S.), note, and cases there cited.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Kent K. Koerner, Judge. (1) The injury suffered by the plaintiff was due to an inherent risk of the employment, which he assumed, and not to actionable negligence of the master. Bennett v. Lime. Co., 146 Mo. App. '569; Roberts v.' Jones, 156 Mo. App. 557; Bradley v. Railway Co., 138 Mo. 293; Zeigenmeyer v. Cement Co., 113 Mo. App. 336; 19 L. R. A. (N. S.), note, and cases there cited. (21) The plaintiff-was himself guilty of negligence barring recovery. (3) The instructions given for the plaintiff were drawn on an erroneous theory…
1Opinion of the Court
This is an action for damages for personal injuries alleged to have been sustained by the plaintiff, while in the employ of defendant, at its quarry located in the city of St. Louis.
The acts of negligence complained of in the petition were, that defendant directed plaintiff to go upon a ledge to remove heavy stones with a crowbar, when defendant knew, or should have known, that it was unsafe and dangerous; that defendant negligently failed to furnish the plaintiff a reasonably safe place to work; that it negligently ordered and instructed plaintiff to undertake to do said work and remove said…
2Cases cited9 opinions
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Williams v. PryorSupreme Court of Missouri · 1917
- Anderson v. Illinois Central RailroadSupreme Court of Iowa · 1899
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3Cited by1 opinion
- Craven v. Midland Milling Co.Missouri Court of Appeals · 1922