Musick v. Jacob Dold Packing Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. Y. C. Karnes, Special Judge. (1) In this case there were no defective appliances or machinery, which might or might not prove to be dangerous, upon being used. The condition of the ice plant and dip vat was perfectly well known to the plaintiff, the danger, if any, continuous and perfectly obvious. Under such a state of facts plaintiff is not entitled to recover.
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Appeal from the Jackson Circuit Court. — Hon. J. Y. C. Karnes, Special Judge. (1) In this case there were no defective appliances or machinery, which might or might not prove to be dangerous, upon being used. The condition of the ice plant and dip vat was perfectly well known to the plaintiff, the danger, if any, continuous and perfectly obvious. Under such a state of facts plaintiff is not entitled to recover. Roddy v. Railroad, 104 Mo. 234; Price v. Railroad, 77 Mo. 508; Porter v. Railroad, 71 Mo. 66; Devitt v. Railroad, 50 Mo. 302; Thorpe v. Railroad, 89 Mo. 650; Thomas v. Railroad, 109…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by plaintiff against defendant to recover damages for personal injuries received by the former in consequence of the negligence of • the latter. The plaintiff had judgment and defendant has appealed. The appealing defendant insists on a reversal of the judgment upon a number of grounds, the first of which is, that upon the facts disclosed by the evidence plaintiff is not entitled to recover.
It appears that the defendant is a corporation engaged in packing beef and pork and shipping the same. ■ The plaintiff at the time he was injured was employed by the…
2Cases cited26 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Blanton v. DolbSupreme Court of Missouri · 1891
21 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Williams v. Sleepy Hollow Mining Co.Supreme Court of Colorado · 1906
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
9 more not listed; retrieve them via the Exa API.