Palmer v. Kinloch Telephone Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.' — Hon. Warwick ' Hough, Judge. (1) The following facts stand undisputed in the ease: (a) That a proper iron step was provided by the defendant for ascending and descending the pole, (b) That the plaintiff used such step in ascending the pole, but through inadvertence or choice used in descending, instead of the step, the block of wood placed there for a wholly different purpose.
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Appeal from St. Louis City Circuit Court.' — Hon. Warwick ' Hough, Judge. (1) The following facts stand undisputed in the ease: (a) That a proper iron step was provided by the defendant for ascending and descending the pole, (b) That the plaintiff used such step in ascending the pole, but through inadvertence or choice used in descending, instead of the step, the block of wood placed there for a wholly different purpose. The defendant can not be deemed guilty of negligence because the plaintiff unnecessarily perverted the use of the block of wood intended for use only to keep the pole from…
1Opinion of the CourtBarclay, J.
— We adopt, in the main, the lucid statement submitted by counsel for appellant, making a few changes or additions in minor particulars to complete a full review of the case.
The action is for damages for personal injuries received by plaintiff while in the service of defendant as a lineman.
The petition alleges the relation of the parties and that on the twenty-fourth day of June, 1899, while engaged in the performance of his duties as lineman, the plaintiff ascended a pole on defendant’s line and performed the task assigned to him, and in descending the pole one of the steps, which was…
2Cases cited6 opinions
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
- Moore v. Kansas City, Ft. Scott & Memphis Railway Co.Supreme Court of Missouri · 1898
- O'Fallon v. BoismenuSupreme Court of Missouri · 1834
- Tracy v. Western Union Tel. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brimer v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Bennett v. Himmelberger-Harrison Lumber Co.Missouri Court of Appeals · 1906
- Deckerd v. Wabash RailroadMissouri Court of Appeals · 1905