Pruett v. Campbell Lumber Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court.—Hon. W. 8. G. Walker, Judge. (1) The court erred in overruling defendant’s demurrers to the evidence, because, (a) There is no proof that the logs were loaded improperly in the woods by defendant’s foreman, (b) Because, if it be inferred from the evidence that defendant loaded the car in question, then the inference could go no further than to find that the loading was done by fellow-servants for which defendant would not be liable.
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Appeal from Dunklin Circuit Court.—Hon. W. 8. G. Walker, Judge. (1) The court erred in overruling defendant’s demurrers to the evidence, because, (a) There is no proof that the logs were loaded improperly in the woods by defendant’s foreman, (b) Because, if it be inferred from the evidence that defendant loaded the car in question, then the inference could go no further than to find that the loading was done by fellow-servants for which defendant would not be liable. Henson v. Pascóla S. Co., 151 Mo. A. 234; Lukamiski v. The American S. Foundries, 142 S. W. 1093. (c) There is no evidence that…
1Opinion of the Court
ALLEN, J.—
This is an action for personal injuries sustained by plaintiff while in the defendant’s employ as its servant. There was a verdict and judgment below for plaintiff and defendant appeals.
At the time of plaintiff’s injury the defendant corporation operated a lumber mill, where plaintiff, as defendant’s employee, was engaged in rolling logs from a railway car upon which they had been transported to the mill, the car having been placed near a “slddway” upon which the logs were dropped. It appears that this car was a “log car,” having no bed or platform but merely “bolsters” upon which…
2Cases cited6 opinions
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Feldewerth v. Wabash RailroadMissouri Court of Appeals · 1914
- Strode v. Columbia Box Co.Supreme Court of Missouri · 1913
- Bowman v. American Car & Foundry Co.Supreme Court of Missouri · 1910
- Henson v. Pascola Stave Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Yates v. ManchesterSupreme Court of Missouri · 1949
- Sabol v. St. Louis Cooperage Co.Supreme Court of Missouri · 1926
- Stobile v. McMahonMissouri Court of Appeals · 1916