Cagney v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. 1. Appellant’s duty did not require it to adopt the guard or fender. Its duty was measured by reasonable care, wbicli is such care as reasonably prudent men use under like circumstances. Stack v. Patterson, 6 Phila. (Pa.) 225; Railroad Co. v. Elliott, 1 Cold.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. 1. Appellant’s duty did not require it to adopt the guard or fender. Its duty was measured by reasonable care, wbicli is such care as reasonably prudent men use under like circumstances. Stack v. Patterson, 6 Phila. (Pa.) 225; Railroad Co. v. Elliott, 1 Cold. (Tenn.) 612; Railroad Co. v. Flanigan, 77 111. 865. The master is not bound to change his machinery in order to apply every new invention, or pretended or even actual improvement; and a servant who consents to operate the machinery already provided, knowing its…
1Opinion of the CourtNapton, J.
This suit was brought in February, 1876. The ground of action stated in the petition is, that the plaintiff was employed in defendant’s car shops at Hannibal ; that he was ordered by the foreman to get out door head circles on a shaping machine ; that it was no paid of his duty to do work on this shaping machine; that the defendant knowingly, carelessly and negligently furnished him with a machine and pattern both of which were imperfect and dangerous; that the machine was without a fender or guard, and the pattern was single when it ought to have been double; and, consequently, that…
2Cases cited1 opinion
- Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
3Cited by10 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Brymer v. Southern Pacific Co.California Supreme Court · 1891
- Yancey v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Lively v. American Zinc Co.Tennessee Supreme Court · 1916
- Scoville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
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