Legal Opinion

Cummings v. Collins

Supreme Court of Missouri

Decided January 15, 1876PublishedCited by 19 opinions

Appeal from St. Louis Cit'cuit Court. I. The defendants must use proper care in order to see that the floors are of sufficient strength to support any machine, 'which it was necessary to move over or upon them. (Cooper vs. Hamilton Manuf. Co., 14 Allen, 193; Devitt vs. Pac. R. R.. 50 Mo., 302; Coombs vs. New Bodf.

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Appeal from St. Louis Cit'cuit Court. I. The defendants must use proper care in order to see that the floors are of sufficient strength to support any machine, 'which it was necessary to move over or upon them. (Cooper vs. Hamilton Manuf. Co., 14 Allen, 193; Devitt vs. Pac. R. R.. 50 Mo., 302; Coombs vs. New Bodf. C. Co., 102 Mass., 5S4; Oavser vs. Taylor, 10 Gray, 274; Sea ver vs. Best. & Maine R. R., 14 Gray, 466; Snow vs. Housatonic R. R., 8 Allen', 441; Gilmore vs. Eastern R. R., 1,0 Allen, 233.) II. The defendants did not employ a sufficient number of servants. (Skipp vs. Eastern…

1Opinion of the CourtHough, Judge

This was an action for damages for personal injuries sustained by the plaintiff. The petition alleged that the plaintiff was employed as a common laborer by the defendants, who were proprietors of a certain iron foundry, in the city of St. Louis; that on the 31st day of March, 1873, the defendants ordered the plaintiff to assist three other men in rolling a large iron wheel, weighing many hundred pounds, from *523one place to another in said foundry: that said order was improper, as said wheel was too large to be rolled by four men; that the service thus required of plaintiff, was out of the line…

2Cited by19 opinions

  1. Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
  2. Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
  3. Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
  4. Hoffman v. DickinsonWest Virginia Supreme Court · 1888
  5. Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887

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