Swearingen v. Consolidated Troup Mining Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court erred in giving instruction 3 on behalf of plaintiff. The question for the jury was whether the condition was such that a reasonably prudent man would have refused to obey the order. If so, plaintiff was guilty of contributory negligence although the danger of the timbers falling was not so manifest or glaring as to threaten immediate injury.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court erred in giving instruction 3 on behalf of plaintiff. The question for the jury was whether the condition was such that a reasonably prudent man would have refused to obey the order. If so, plaintiff was guilty of contributory negligence although the danger of the timbers falling was not so manifest or glaring as to threaten immediate injury. Bradley v. Railroad, 138 Mo. 309; Halliburton v. Railroad, 58 Mo. App. 34; Aldridge v. Furnace Co., 78 Mo. 565; Chicago, etc., Co. v. Sokowiak, 148 111. 573; Crooks-ton Lumber Co.…
1Opinion of the CourtValliant, P. J.
— Plaintiff recovered a judgment for $10,000 as damages for personal injuries which he alleges he sustained through the negligence of the defendant. From that judgment the defendant has prosecuted this appeal.
Defendant is a mining corporation and plaintiff was one of its employees. The mine in which the accident occurred consisted of a shaft about one hundred and thirty feet deep and a main drift extending therefrom eighty or one hundred feet, and from this main drift a side drift was being cut which at the time of the accident had been cut to a distance of thirty to forty feet. It was in…
2Cases cited3 opinions
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Sheperd v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Clippard v. St. Louis Transit Co.Supreme Court of Missouri · 1907
3Cited by7 opinions
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Hurst v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
- Boten ex rel. Boten v. Sheffield Ice Co.Missouri Court of Appeals · 1914
- McCarver v. Lead Co. and FosterMissouri Court of Appeals · 1925
- Dimetre v. Red Wing Sewer Pipe Co.Supreme Court of Minnesota · 1914
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