Harrod v. Hammond Packing Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. Ghesley A. Mosman, Judge. (1) The plaintiff should have been nonsuited. (2) The plaintiff should have been nonsuited for the further reason that the physical facts show that the injury to plaintiff was the result of pure accident, or was caused by plaintiff’s own carelessness. Dean v. Woodenware • Co., 80 S. W. 292; Barberi Case, 118 Mo. App: 218. (3) Plaintiff’s first instruction is erroneous.
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Appeal from Buchanan Circuit Court. — Eon. Ghesley A. Mosman, Judge. (1) The plaintiff should have been nonsuited. (2) The plaintiff should have been nonsuited for the further reason that the physical facts show that the injury to plaintiff was the result of pure accident, or was caused by plaintiff’s own carelessness. Dean v. Woodenware • Co., 80 S. W. 292; Barberi Case, 118 Mo. App: 218. (3) Plaintiff’s first instruction is erroneous. (4) The instruction was also erroneous in declaring as a matter of law that the master was guilty if the saw was loose so that in revolving it varied. (5) The…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover damages alleged to have been received by plaintiff on account of the negligence of the defendant company. The facts are that the plaintiff, a boy at that time seventeen years of age, was injured while operating a circular saw. His employment consisted in sawing off the horns and sawing the jaws of animals that had been slaughtered in defendant’s packing establishment. The saw was circular, sixteen inches in diameter, was attached to a shaft below a table or platform and projected up a sufficient distance through a groove or slit in the table ábout one-half inch wide…
2Cases cited4 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Cole v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Shore v. American Bridge Co.Missouri Court of Appeals · 1905
3Cited by5 opinions
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Myers v. Jefferson Standard Life Ins.Court of Appeals of Texas · 1925
- Cooley v. DunhamMissouri Court of Appeals · 1917
- Britton v. Hammond-Packing Co.Missouri Court of Appeals · 1908
- Myers v. Jefferson Standard Life Ins.Court of Appeals of Texas · 1925