Fanning v. Hines
Missouri Court of Appeals
Appeal from Circuit Court of Grfeene County. — Hon. Orin Patterson, Judge. (1) On all the evidence the court should have given the peremptory instruction requested by defendant directing the jury to find for defendant, because the evidence shows that plaintiff, who was 37 years of age, was informed of whatever danger there was incident to the operation of the motor (and on this matter needed no warning from' his employer) and also shows that plaintiff was familiar with the…
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Appeal from Circuit Court of Grfeene County. — Hon. Orin Patterson, Judge. (1) On all the evidence the court should have given the peremptory instruction requested by defendant directing the jury to find for defendant, because the evidence shows that plaintiff, who was 37 years of age, was informed of whatever danger there was incident to the operation of the motor (and on this matter needed no warning from' his employer) and also shows that plaintiff was familiar with the method of operating the machine and needed no instruction from his employer as to the way to operate the motor. The only…
1Opinion of the CourtFarrington, J.
The plaintiff instituted suit and recovered a judgment against defendant for the sum of $150, on account of personal injuries sustained by him while working as an employee of the defendant in the yards known as the new shops in the city of Springfield, Missouri. He was injured while operating a drill used for the purpose of boring holes in steel beams, and tbe power operating the machine known as the drill was compressed air,. Plaintiff was the only witness used in the case. Briefly, the facts show that he was a man 37 years of age, and that he had worked some around the yards for defendant,…
2Cases cited4 opinions
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- Combs v. City of KirksvilleMissouri Court of Appeals · 1908
- Schwyhart v. BarrettMissouri Court of Appeals · 1910
- Oborn v. NelsonMissouri Court of Appeals · 1910
3Cited by1 opinion
- Wilson v. WhiteMissouri Court of Appeals · 1954