Cunningham v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Buclianan Circuit Court;—Hon. C. A. Masman, Judge. (1) The evidence clearly shows that to handle a substance containing twenty-eight per cent of carbolic acid, is dangerous to the human body, and especially to the eye; and respondent being ignorant of what the substance contained, and appellant having actual knowledge thereof, and failing to warn respondent and notify him of what the substance contained, and the danger in handling it, the demurrer to the evidence…
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Appeal from Buclianan Circuit Court;—Hon. C. A. Masman, Judge. (1) The evidence clearly shows that to handle a substance containing twenty-eight per cent of carbolic acid, is dangerous to the human body, and especially to the eye; and respondent being ignorant of what the substance contained, and appellant having actual knowledge thereof, and failing to warn respondent and notify him of what the substance contained, and the danger in handling it, the demurrer to the evidence was properly overruled. Reickert v. Packing Co., 136 Mo. App. 565; Omans y. Packing Co., 132 S. W. 283; Leine v.…
1Opinion of the CourtEllison, J.
Plaintiff was an employee of defendant, engaged in handling railway ties, and at the particular instance in which this controversy had its origin,*he was in charge of a foreman and engaged in unloading ties from a car. H is eyes became poisoned in the manner herein stated and he brought this action for damages. He recovered judgment in the trial court.
It appears that defendant, in order to prolong the service of its ties, put them through a preparatory process by offering a “liquid emulsion” into them by hydraulic pressure where it would be absorbed. There was evidence in defendant’s behalf…
2Cases cited3 opinions
- Hysell v. Swift & Co.Missouri Court of Appeals · 1899
- Reickert v. Hammond Packing Co.Missouri Court of Appeals · 1909
- Omans v. Hammond Packing Co.Missouri Court of Appeals · 1910
3Cited by5 opinions
- Dowler v. New York, Chicago & St. Louis RailroadIllinois Supreme Court · 1955
- Pecos & N. T. Ry. Co. v. CollinsCourt of Appeals of Texas · 1915
- Sweany v. Wabash Railway Co.Missouri Court of Appeals · 1935
- Dowler v. NY, C. & ST. LRR CO.Illinois Supreme Court · 1955
- Pecos & N. T. Ry. Co. v. CollinsCourt of Appeals of Texas · 1915