Legal Opinion

McCullough v. W. H. Powell Lumber Co.

Missouri Court of Appeals

Decided December 6, 1919PublishedCited by 17 opinions

Appeal from Dent County Cironit Court. — Hon. L. B. Wood side, Judge. (1) “A master is not liable for injuries from hidden defects and dangerous, appliances which could.not have been discovered and avoided by reasonably careful inspection.”

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Appeal from Dent County Cironit Court. — Hon. L. B. Wood side, Judge. (1) “A master is not liable for injuries from hidden defects and dangerous, appliances which could.not have been discovered and avoided by reasonably careful inspection.” Taylor v. Centralia Coal Co., 155 111. App. 324; Mercer v. Atlantic Coast Line R. Co., 70 S. E., 742, 154 N. C., 399; Dunlap v. Indiana Union Traction Co., 90 N. E. 904; Fellows v. Stevens, 132 N. W. 1048. (2) “A master is not liable for. an injury to a servant caused by the breaking of the handle of an ax, where the defect in the handle could not be…

1Opinion of the CourtBradley, J.

Plaintiff as the administrator of Charles Fumis McCullough, deceased, sued to recover damages under sections 5426 and 5427, Revised Statutes 1909, for the death of the deceased alleged to have been caused by the negligence of the defendant. It is alleged in the petition that the deceased was single and unmarried, and that he left surviving neither wife nor children, and was over the'age of twenty-one years at the time óf his death. That he left as his sole and only heirs and distributees, his father, mother, four brothers and three sisters, naming them. It is further alleged, that the…

2Cases cited18 opinions

  1. Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  2. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  3. McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
  4. Slater v. . MersereauNew York Court of Appeals · 1876
  5. Baltimore & Ohio Railroad v. State ex rel. MahoneCourt of Appeals of Maryland · 1885

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3Cited by17 opinions

  1. Domijan v. HarpSupreme Court of Missouri · 1960
  2. Howlett v. State Social Security CommissionSupreme Court of Missouri · 1941
  3. Wente v. ShaverSupreme Court of Missouri · 1943
  4. Wilt v. MoodySupreme Court of Missouri · 1953
  5. Caen v. FeldSupreme Court of Missouri · 1963

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