Legal Opinion · Dissent

Henson v. Pascola Stave Co.

Missouri Court of Appeals

Decided November 16, 1910Published

Appeal from Pemiscot Circuit Court. — Eon. Henry <7-Riley, Judge. (1) Plaintiff was guilty of contributory negligence. Doerr v. Brewing Assn., 176 Mo. 547; Leffler v. Brewing Assn., 127 Mo. App. 488; Barry v. Cemetery Assn., 211 Mo. 105; Sands v. Brewing' Co.,. 131 Mo. App. 413; Huss v. Heydt Bakery, 210 Mo. 54; Dickey v. Dickey, 111 Mo. App. 304; Barnett v. Himmelberger, 117 Mo. App. 58; Engleking v. Railroad, 187 Mo. 158; Koppes v. Shoe Co., 116 Mo.

Read the full summary

Appeal from Pemiscot Circuit Court. — Eon. Henry <7-Riley, Judge. (1) Plaintiff was guilty of contributory negligence. Doerr v. Brewing Assn., 176 Mo. 547; Leffler v. Brewing Assn., 127 Mo. App. 488; Barry v. Cemetery Assn., 211 Mo. 105; Sands v. Brewing' Co.,. 131 Mo. App. 413; Huss v. Heydt Bakery, 210 Mo. 54; Dickey v. Dickey, 111 Mo. App. 304; Barnett v. Himmelberger, 117 Mo. App. 58; Engleking v. Railroad, 187 Mo. 158; Koppes v. Shoe Co., 116 Mo. App. 154; Ray v. Poplar Bluff, 70 Mo. App. 252; O’Donnell v. Patton, 117 Mo. 13; Roberts v. Railroad, 166 Mo. 370; Hogan v. Railroad, 150 Mo.…

1Dissent

*245DISSENTING OPINION.

NIXON, P. J.

We are unable to' assent to the proposition stated in the foregoing opinion that the servant who cut the stake in the woods which proved defective was the fellow-servant of plaintiff in such a sense as to relieve the master of liability.

Under the law governing the facts of this ease, the plaintiff, as defendant’s servant, had the right to expect that his master would furnish him with safe appliances and a safe place in which to do his work and would not surround him with dangerous agencies or expose him to their operation; and whether such agencies were in…

2Cases cited11 opinions

  1. Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
  2. Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
  3. Forbes v. DunnavantSupreme Court of Missouri · 1906
  4. Chicago & Alton Railroad v. MaroneyIllinois Supreme Court · 1897
  5. Relyea v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Missouri · 1892

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API