Smith v. Forrester-Nace Box Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Row. J. R. Slover, Judge. (1) The evidence failed to show any negligence on the part of defendant. (2) The mere failure to cover the rollers with a shield did not establish negligence per se, or show that it was the proximate cause of plaintiff’s injury.
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Appeal from Jackson Circuit Court. — Row. J. R. Slover, Judge. (1) The evidence failed to show any negligence on the part of defendant. (2) The mere failure to cover the rollers with a shield did not establish negligence per se, or show that it was the proximate cause of plaintiff’s injury. McGuerty v. Hale (Mass), 36 N. E. 682; ■Carroll v. Williston (Minn.), 46 N. W. 353. (3) A failure to instruct the servant as to dangers of a machine, which are obvious, does not constitute negligence. Nugent v. Milling Co., 131 Mo. 241; Herbert v. Boot & Shoe Co., 90 Mo. App. 305; Jones v. Roberts, 57 111.…
1Opinion of the CourtMarshall, J.
— This is an action for ten thous- and dollars damages for personal injuries received by the plaintiff on the 31st of December, 1901, while in the employ of the defendant as a helper in operating a planer used by the defendant in manufacturing boxes. *721The plaintiff recovered a judgment of seven thousand dollars, from which the defendant, after proper steps, appealed.
THE ISSUES.
The petition after alleging the corporate capacity of the defendant and the fact that the plaintiff was engaged as a helper in operating a planer in the defendant’s factory charges: “That the said planer was defective…
2Cases cited2 opinions
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- George v. St. Louis Manufacturing Co.Supreme Court of Missouri · 1900
3Cited by21 opinions
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
- State Ex Rel. Boeving v. CoxSupreme Court of Missouri · 1925
- Trent v. Lechtman Printing Co.Missouri Court of Appeals · 1910
- Chisenall v. ThompsonSupreme Court of Missouri · 1952
- Austin v. Bluff City Shoe Co.Missouri Court of Appeals · 1913
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