Dunn v. Nicholson
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Plaintiff’s instructions numbered 1 and 2 are erroneous in that they, without qualification, tell the jury to find for the plaintiff if -defendant had not furnished a reasonably safe appliance, when his duty is only to exercise ordinary care to do so.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Plaintiff’s instructions numbered 1 and 2 are erroneous in that they, without qualification, tell the jury to find for the plaintiff if -defendant had not furnished a reasonably safe appliance, when his duty is only to exercise ordinary care to do so. Knight v. Lead and Zinc Co., 91 Mo. 579; Bradley v. Railroad, 133 Mo. 307-308; Friel v. Railroad, 115 Mo'. 503; Bohn v. Railroad, 106 Mo. 429. (2) Defendant’s instruction numbered 3 covered the entire case and should have been given. (3) Defendant’s instruction numbered 4 was based…
1Opinion of the CourtEllison, J.
The plaintiff suffered injuries while in the employ of defendant in a zinc concentrating mill. He recovered judgment therefor in the trial court. It appears-that plaintiff and a man named Stumbo were fellow-servants in defendant’s employ under the immediate charge and direction of a foreman named Carmiday. In the mill there was a perpendicular shaft or passageway three feet in width and seventy-five feet high, inside of which was a ladder made by nailing strips one foot apart onto perpendicular studding, which ran up the side of the shaft. In this shaft, an elevator belt with cups attached at…
2Cases cited4 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Bohn v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1891
- Friel v. Citizens' RailwaySupreme Court of Missouri · 1893
- Knight v. Sadtler Lead & Zinc Co.Missouri Court of Appeals · 1902
3Cited by3 opinions
- Dunn v. NicholsonMissouri Court of Appeals · 1907
- Spaulding v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1914
- Forster v. Kansas CityMissouri Court of Appeals · 1911