Hoel v. Underwriters Land Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. One.—Hon. Joseph D. Perkins, Judge. (1) The rule of res ipsa loquitur has no place in a case where specific negligence is alleged in the petition. .Tighe v. Railroad, 129 Mo. App. 498; Feed & Coal Co. v. Railroad, 129 Mo. App.- 498; McGrath v. Transit Co., 197 Mo. 97; Feary v. Street Railway, 162 Mo. 75; Kennedy v. Street Railway, 128 Mo.
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Appeal from Jasper County Circuit Court, Division No. One.—Hon. Joseph D. Perkins, Judge. (1) The rule of res ipsa loquitur has no place in a case where specific negligence is alleged in the petition. .Tighe v. Railroad, 129 Mo. App. 498; Feed & Coal Co. v. Railroad, 129 Mo. App.- 498; McGrath v. Transit Co., 197 Mo. 97; Feary v. Street Railway, 162 Mo. 75; Kennedy v. Street Railway, 128 Mo. App. 297. (2) The instrument which inflicted the injury in this ease was simple and whatever danger attended the moving and placing of same, by the method adopted was obvious and as well understood by'the…
1Opinion of the CourtFarrington, J.
—This was a suit for damages for an injury to plaintiff’s forefinger on his right hand. The jury gave him a verdict for $137 and defendant appealed.
The plaintiff at the time of his injury had been an .employee of the defendant for about four or five months, working in its mine as a shoveler. On this particular occasion while plaintiff was engaged in his regular duties, he was called, together with twenty-two other employees, to carry a “turnsheet” from one point in the mine to another point about two hundred feet distant and to lay the same in a place from which a similar structure had been…
2Cases cited6 opinions
- Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
- Callahan v. WarneSupreme Court of Missouri · 1867
- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Butts v. National Exchange BankMissouri Court of Appeals · 1903
- Moellman v. Gieze-Henselmeier Lumber Co.Missouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Riger v. M. E. Leming Lumber Co.Missouri Court of Appeals · 1922
- Riger v. M. E. Leming Lumber Co.Missouri Court of Appeals · 1922
- Scobey v. Allen Cooperage Co.Missouri Court of Appeals · 1922