Helfenstein v. Medart
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) At the time deceased was injured he was not discharging to the defendants any duty he owed them under his employment. On the contrary, he was willfully neglecting such duty, and in doing so voluntarily placed himself in a perilous position, from which the injury resulted; consequently the defendants aro not liable.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) At the time deceased was injured he was not discharging to the defendants any duty he owed them under his employment. On the contrary, he was willfully neglecting such duty, and in doing so voluntarily placed himself in a perilous position, from which the injury resulted; consequently the defendants aro not liable. The rule upon this point is that the master is not liable to his servant for injuries received by the latter in consequence of his having left his post of duty and voluntarily placed himself in a position…
1Opinion of the Court
DIVISION TWO.
Burgess, J.
The widow of William Helfenstein brought this suit in the circuit court of the city of St. Louis to recover damages for the death of her husband. The venue was subsequently changed to the circuit court of the county of St. Louis, where a trial was had to a jury, resulting in a verdict and judgment in favor of plaintiff in the sum of $4,500. Defendants bring the case to this court by appeal for review.
At the time of the accident and for eight months prior thereto deceased was in the employ of defendants as a grinder in their factory in the city of St. Louis, and as such…
2Cases cited12 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Supreme Court · 1888
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
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3Cited by15 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Fitzgerald v. International Flax Twine Co.Supreme Court of Minnesota · 1908
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Ambruster v. Levitt Realty & Investment Co.Supreme Court of Missouri · 1937
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