Curtis v. McNair
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — No». John W. Booth, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendants at the close of plaintiff’s evidence in chief, and also at the close of all the evidence, (a) There was no evidence of any negligence on the part of defendant.
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Appeal from St. Louis County Circuit Court. — No». John W. Booth, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendants at the close of plaintiff’s evidence in chief, and also at the close of all the evidence, (a) There was no evidence of any negligence on the part of defendant. It has been repeatedly held in this State that it is not necessary for the master to furnish any particular sort of appliance for the use of the servant. In this case the master saw fit to furnish the servant, with a furnace that had no screen…
1Opinion of the CourtValliant, J.
Defendants own and operate a blast fnrnace, and plaintiff, while in their employ, suffered serious personal injuries which he alleges resulted from their negligence.
The petition states in detail the character of the furnace and the method of operating it. Prom this it appears that iron ore is put into the furnace, and when it has been reduced to a certain condition the molten iron is caused to flow out through an opening called the “iron notch” into receptacles provided for its further disposal. This flow of molten iron is driven out by a blast of air forced into the furnace. In this…
2Cases cited10 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Blanton v. DolbSupreme Court of Missouri · 1891
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Wessing v. American Indemnity Co. of Galveston, Tex.District Court, W.D. Missouri · 1955
- Edens-Birch Lumber Co. v. WoodCourt of Appeals of Texas · 1940
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
91 more not listed; retrieve them via the Exa API.