Hoover v. Western Coal & Mining Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) "Where the danger is as well known to the servant as the master, the former must he taken to have assumed the risk, and cannot hold the master responsible for his injuries. Watson v. Coal Co., 52 Mo.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) "Where the danger is as well known to the servant as the master, the former must he taken to have assumed the risk, and cannot hold the master responsible for his injuries. Watson v. Coal Co., 52 Mo. App. 366; Beckman v. Brewing Assn., 98 Mo. 555; Steinhauser v. Spraul, 127 Mo. 542; Hager v. Railroad, 207 Mo. 302; Booth v. Railroad, 217 Mo. 7101. (2) The common-law rule that it was the duty of the master to furnish his servant a reasonably safe place to work is not applicable where the place is constantly shifting and being…
1Opinion of the Court
JOHNSON, J. —
Plaintiff is the widow of Henry Hoover, who was killed in defendant’s coal mine while engaged in its service as a miner. Plaintiff, charging that his death was. caused by defendant’s negligence, brought this action for damages and recovered judgment in the trial court.
■ It appears that the deceased was engaged with three others in mining coal with, an electric machine, which was operated by defendant’s foreman. The machine was about two feet wide and weighed near 2700 pounds. It is so contrived that it cuts, the dirt from under the coal.- The dirt is then racked and the coal…
2Cases cited11 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Curtis v. McNairSupreme Court of Missouri · 1903
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Smith v. Little Pittsburg Coal Co.Missouri Court of Appeals · 1898
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3Cited by4 opinions
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Taylor v. Lumaghi Coal Co.Supreme Court of Missouri · 1944
- Boten ex rel. Boten v. Sheffield Ice Co.Missouri Court of Appeals · 1914
- Smith v. Acme Boiler & Tank Co.Supreme Court of Missouri · 1930