Turner v. Tyler Land & Timber Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court.—How. W. S. G. Walker, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence as prayed for by defendant at the conclusion of plaintiff’s evidence and at the conclusion of all the evidence, and erred in not peremptorily instructing the jury that under the law and the evidence plaintiff could not recover and to return a verdict for the defendant, (a) The evidence as dis-' closed by the plaintiff and as a whole, showed…
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Appeal from Dunklin Circuit Court.—How. W. S. G. Walker, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence as prayed for by defendant at the conclusion of plaintiff’s evidence and at the conclusion of all the evidence, and erred in not peremptorily instructing the jury that under the law and the evidence plaintiff could not recover and to return a verdict for the defendant, (a) The evidence as dis-' closed by the plaintiff and as a whole, showed that plaintiff as a matter of law was guilty of contributory negligence. Lore v. American Mfg. Co., 160 Mo. 621; Colliott…
1Opinion of the CourtReynolds, P. J.
This action was commenced in the circuit court of Pemiscot county. The petition avers that on March 18, 1907, plaintiff was employed in defendant’s stave mill and factory to run and operate a bolting saw; that in such employment it'was his duty to keep dust and trash which accumulated under and which was produced by the saw in cutting bolts out and away from the saw so that it could be carried away by means of a blow pipe; that this bolting saw operated on the end of a long iron shaft which revolved with exceedingly great speed; that the saw and its appurtenances were geared to the shaft by…
2Cases cited5 opinions
- Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
- Simpson v. Witte Iron Works Co.Supreme Court of Missouri · 1913
- Austin v. Bluff City Shoe Co.Missouri Court of Appeals · 1913
- Strode v. Columbia Box Co.Supreme Court of Missouri · 1913
- Turner v. Tylee Land & Timber Co.Supreme Court of Missouri · 1914
3Cited by6 opinions
- Willadsen v. Blue Valley Creamery Co.Court of Appeals of Kansas · 1919
- Daniels v. GoekeMissouri Court of Appeals · 1915
- Slater v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1930
- Wright v. Berry Iron & Steele Co.Missouri Court of Appeals · 1923
- Petty v. BoevingMissouri Court of Appeals · 1924
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