Oborn v. Nelson
Missouri Court of Appeals
Appéal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) Defendant purchased a machine of standard make and daily inspected the same. He thereby performed his full duty. Little v. Head, 69 N. H. 494; 1 Labatt, Master and Servant, secs. 44, 153. The doctrine of res ipsa loquitur did not apply in this case. Breen v. Cooperage Co., 50 Mo. App. 202; Kremer v. Mfg. Co., 120 Mo. App. 247, 252; Deckard v. Railroad, 111 Mo. App. 117; O’Donnell v. Baumm, 38 Mo.
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Appéal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) Defendant purchased a machine of standard make and daily inspected the same. He thereby performed his full duty. Little v. Head, 69 N. H. 494; 1 Labatt, Master and Servant, secs. 44, 153. The doctrine of res ipsa loquitur did not apply in this case. Breen v. Cooperage Co., 50 Mo. App. 202; Kremer v. Mfg. Co., 120 Mo. App. 247, 252; Deckard v. Railroad, 111 Mo. App. 117; O’Donnell v. Baumm, 38 Mo. App. 245. (2) A master is not liable for injuries caused by latent defects not discoverable by reasonable inspection. Current…
1Opinion of the CourtJohnson, J.
This is an action for negligence. Trial by jury and. a verdict for plaintiff for $8500. On bearing of motion for a new trial, tbe court held tbe verdict excessive and ordered a remittitur of $3500, as a condition to overruling tbe motion. Then plaintiff voluntarily filed a remittitur of $4000, tbe motion was overruled and judgment rendered for plaintiff in tbe sum of $4500. Defendant appealed.
Tbe injury occurred April 29, 1907, in tbe press room of tbe newspaper plant owned and operated by defendant in Kansas City. Six large printing presses of latest type and of best construction were…
2Cases cited1 opinion
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
3Cited by5 opinions
- Midway National Bank & Trust Co. v. DavisSupreme Court of Missouri · 1921
- Ingles v. Metropolitan Railway Co.Missouri Court of Appeals · 1910
- McHenry Coal Co. v. RobinsonCourt of Appeals of Kentucky · 1916
- Melvin v. CaterMissouri Court of Appeals · 1927
- Fanning v. HinesMissouri Court of Appeals · 1920