Maupin v. Miller
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Eon. N. D. Thurmond, Judge. (1) The plaintiff cannot complain of any failure to warn or instruct him as to the danger of injury from contact with the revolving cutter-head of the machine, because the danger was obvious and he was fully aware of it. Nugent v. Mill Co., 131 Mo. 241; Smith v. Bos Co., 193 Mo. 715; Hirsch v. Bread Co., 150 Mo. App. 162; Stegman v. Grerber, 146 Mr. App. 104; Blair v. Heibel, 103 Mo.
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Appeal from Boone Circuit Court. — Eon. N. D. Thurmond, Judge. (1) The plaintiff cannot complain of any failure to warn or instruct him as to the danger of injury from contact with the revolving cutter-head of the machine, because the danger was obvious and he was fully aware of it. Nugent v. Mill Co., 131 Mo. 241; Smith v. Bos Co., 193 Mo. 715; Hirsch v. Bread Co., 150 Mo. App. 162; Stegman v. Grerber, 146 Mr. App. 104; Blair v. Heibel, 103 Mo. App. 621; Herbert v. Shoe Co., 90 Mo. App. 315. (2) The plaintiff was guilty of contributory negligence as a matter of law in deliberately putting…
1Opinion of the CourtEllison, J.
Plaintiff’s action is for damages on account of personal injury received while at work in planing some lumber for defendant in one of his machines. Defendant’s demurrer to the evidence was refused by the trial court and plaintiff recovered judgment.
Defendant was-the owner of a planing mill wherein he operated a planing machine consisting of an iron table, on which were two feed rollers. Just beyond the rollers were revolving knives, but between was a guard which prevented chips from flying back to the operator, and on the other side of the knives there *151was a space of more than four inches,…
2Cases cited3 opinions
- Nugent v. Kauffman Milling Co.Supreme Court of Missouri · 1895
- Smith v. Forrester-Nace Box Co.Supreme Court of Missouri · 1906
- Hirsch v. Freund Bros. Bread Co.Missouri Court of Appeals · 1910
3Cited by4 opinions
- Knoles v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1924
- Boehm v. General Electric Co.Missouri Court of Appeals · 1913
- Piorkowski v. A. Leschen & Sons Rope Co.Missouri Court of Appeals · 1915
- Petty v. BoevingMissouri Court of Appeals · 1924