Lemser v. St. Joseph Furniture Manufacturing Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The plaintiff relies for recovery solely on the ground that the defendant negligently operated the saw in question without any guard or wedge.
Read the full summary
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The plaintiff relies for recovery solely on the ground that the defendant negligently operated the saw in question without any guard or wedge. The petition not only fails to state that the accident occurred on account of this omission, but the plaintiff’s first instruction tells the jury, in substance, that if a wedge or guard should have been used, and was not, and a block was struck by the saw, and thrown against plaintiff, injuring him, they should find for plaintiff. It leaves out of consideration the question whether…
1Opinion of the CourtGill, J.
The' plaintiff sued the defendant and recovered a judgment for $2,000, because of personal injuries received while operating one of the circular saws in defendant’s furniture factory.
Statement. At the time of the injury plaintiff, who was -then a young man of twenty-two years of age, was employed about the factory as a kind of “roustabout,” carrying lumber, furniture, etc., and had no experience whatever in working the saws. On that day, however, the foreman put the plaintiff to work in operat- . . ... mg one of these circular saws which was *216so set in a table about four feet square that the…
2Cases cited4 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Lynch v. St. Joseph & Iowa RailroadSupreme Court of Missouri · 1892
- Schroeder v. MichelSupreme Court of Missouri · 1888
- Hall v. St. Joseph Water Co.Missouri Court of Appeals · 1892
3Cited by7 opinions
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- John Deere Plow Co. v. CooperMissouri Court of Appeals · 1936
- Austin v. St. Louis Transit Co.Missouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.