Miles v. Central Coal & Coke Co.
Missouri Court of Appeals
Appeal from Ray Circuit Court. — lion. Francis H. Trimble7 Judge. (1) The Kansas statute'pleaded in the plaintiffs’ petition refers to physical appliances and not to the manner of using these appliances, and there being neither averment nor proof that any of the appliances required by the statute were not maintained, this action must fail.
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Appeal from Ray Circuit Court. — lion. Francis H. Trimble7 Judge. (1) The Kansas statute'pleaded in the plaintiffs’ petition refers to physical appliances and not to the manner of using these appliances, and there being neither averment nor proof that any of the appliances required by the statute were not maintained, this action must fail. Pennsylvania Statute of June 2, 1891, sec. Ill (3 Purdon’s Digest, 13 Ed., page 2568); same Act. sec. 204 (Id., page 2577); Pennsylvania Act of May 15, 1893, set out in 3 Purdon’s Digest, p. 2586; Pennsylvania Act of March 3, 1870 (2 Brightly’s Purdon’s…
1Opinion of the CourtJohnson, J.
Plaintiffs, who are the widow and heirs-at-law of G~. M. Miles, deceased, instituted this action against defendant to recover damages on the ground that the death of Miles, which occurred May 10,1911, in a coal mine operated by defendant in Crawford county, Kansas, was caused by defendant’s negligence. In addition to a general denial the answer pleads contributory negligence, assumed risk and that the death of Miles was caused by negligence of a fellow-servant. Miles was a miner of many years experience and was employed in defendant’s mine as a eager. He and another miner, named Monay, were…
2Cases cited7 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Brannock v. ElmoreSupreme Court of Missouri · 1893
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Brunke v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
- Saversnick v. Schwarzschild & Sulzberger Co.Missouri Court of Appeals · 1910
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3Cited by1 opinion
- Ryan v. Manhattan Big Four Mining Co.Nevada Supreme Court · 1914