Blundell v. Wm. A. Miller Elevator Manufacturing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Horatio D. Wood, Judge. (1) ' The employer is charged with the duty of not subjecting his servants to risks by his own negligence. And a servant cannot assume to bear the consequences of the master’s negligence. The employer is required to use ordinary care in providing secure instrumentalities which the servant is required to employ in his work. Curtis v. McNair, 173 Mo. 280; Wendler v. Peoples’ IT.
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Appeal from St. Louis City Circuit Court. — How. Horatio D. Wood, Judge. (1) ' The employer is charged with the duty of not subjecting his servants to risks by his own negligence. And a servant cannot assume to bear the consequences of the master’s negligence. The employer is required to use ordinary care in providing secure instrumentalities which the servant is required to employ in his work. Curtis v. McNair, 173 Mo. 280; Wendler v. Peoples’ IT. P. Co., 165 Mo. 527; Settle v. Railroad, 127 Mo. 343; Pauek v. Dressed Beef Co., 159 Mo. 467; Blanton v. Dold, 109 Mo. 76; Gibson v. Railroad, 46…
1Opinion of the CourtMarshall, J.
This is an action for $10,000 damages for personal injuries alleged to have been received by the plaintiff on the 17th of May, 1899, while in the employ of the defendant and engaged in the work of erecting a handcar freight elevator in a building, number 21 South Third street, in the city of St. Louis.
At the close of the plaintiff’s case, the court sustained a demurrer to the evidence, the plaintiff took a nonsuit with leave and after proper steps appealed to this court.
THE ISSUES.
The petition states that the defendant is a domestic corporation, and that on the 17th of May, 1899, the…
2Cases cited10 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Fugler v. BotheSupreme Court of Missouri · 1893
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Obermeyer v. Logeman Chair Manufacturing Co.Missouri Court of Appeals · 1906
- Obermeyer v. Logeman Chair Manufacturing Co.Supreme Court of Missouri · 1910
41 more not listed; retrieve them via the Exa API.