Trigg v. Ozark Land & Lumber Co.
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Since there is no evidence showing or tending to show that the conditions of the boxings or of the rolls caused, or contributed to cause, the accident, and since the evidence of John Weaver and plaintiff show how the accident was caused, the verdict and judgment should be reversed.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Since there is no evidence showing or tending to show that the conditions of the boxings or of the rolls caused, or contributed to cause, the accident, and since the evidence of John Weaver and plaintiff show how the accident was caused, the verdict and judgment should be reversed. Even if it were uncertain whether the accident-was caused as alleged by plaintiff or by other causes for which defendant is not responsible, still plaintiff ought not to recover. Smart v. Kansas City, 91 Mo. App. 592. (2) The evidence of plaintiff…
1Opinion of the Court
VALLIANT, J. —
Plaintiff recovered a judgment for $5,000 damages for personal injuries alleged to have been received while he was in the service of the defendant, through defendant’s negligence. Defendant appeals.
Defendant operates a sawmill in which the plaintiff was employed. The plaintiff’s usual work was to oil the machinery, but in the temporary absence of the *231regular operator lie was frequently called to operate a machine that was called an edger, and was so engaged when the accident of which he complains occurred. The negligence charged in the petition is that the edger “was worn, out…
2Cited by20 opinions
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Byerly v. Consolidated Light, Power & Ice Co.Missouri Court of Appeals · 1908
- State ex rel. Dutcher v. SheltonSupreme Court of Missouri · 1913
- Kane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Haake ex rel. Haake v. DavisMissouri Court of Appeals · 1912
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