Nicholds v. Crystal Plate Glass Co.
Supreme Court of Missouri
Appeal from Iron Circuit Court. — Hon. James D. Eqx, Judge. (1) Omission to have inspected the chain which broke was not negligence on the part of the defendant under the circumstances of this case.
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Appeal from Iron Circuit Court. — Hon. James D. Eqx, Judge. (1) Omission to have inspected the chain which broke was not negligence on the part of the defendant under the circumstances of this case. Greg an v. Marston, 126 N. Y. 568; Griffiths v. Railroad, 28 N. Y. Supp. 75; Davis v. Company, 76 Hun, 289; Seven’s Principles of the Law of Negligence, 322; French v. Aulis, 25 N. Y. Supp. 188; Atlas JEngine Works v. Randall, 100 Ind. 293; Richards v. Rough, 53 Mich. 212; Morgan v. Iron Co., 133 N. Y. 666; Gibson v. Railroad, 46 Mo. 169; Corey v. Railroad, 86 Mo. 643; Reberv. Tower, 11 Mo. App.…
1Opinion of the Court
DIVISION ONE.
Black, P. J.
— This is a personal damage suit in which the plaintiff obtained a verdict and judgment, from which the defendant appealed. The principal alleged errors are: First. There is no evidence of negligence on the part of the defendant. Second. The plaintiff was guilty of contributory negligence, and the court should have so declared as a matter of law. Third. The injury was caused by one of those risks which the plaintiff assumed. Fourth. *60Plaintiff ought not to recover because he was defendant’s vice-principal. Fifth. Errors in giving and refusing to give instructions.…
2Cases cited5 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Henry v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
3Cited by22 opinions
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Bender v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1897
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