Littig v. Urbauer-Atwood Heating Co.
Supreme Court of Missouri
Appeal from SÍ. Louis City Circuit Court. — Hon. Charles B. Davis, Judge. (1) If the side of the trench which fell on the plaintiff was not undercut as much of the evidence goes to prove, then the risk of injury from the earth falling was an ordinary risk of the plaintiff’s task, for all the evidence is to the effect that it was not necessary or customary to shore up the sides of a trench of that depth, when they are not undermined.
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Appeal from SÍ. Louis City Circuit Court. — Hon. Charles B. Davis, Judge. (1) If the side of the trench which fell on the plaintiff was not undercut as much of the evidence goes to prove, then the risk of injury from the earth falling was an ordinary risk of the plaintiff’s task, for all the evidence is to the effect that it was not necessary or customary to shore up the sides of a trench of that depth, when they are not undermined. An employee assumes the risks ordinarily incident to his task, after the-employer has used ordinary care to provide him with a reasonable safe place in which to…
1Opinion of the Court
Plaintiff commenced this action in the Circuit Court of the City of St. Louis, Missouri, on January 15, 1921. The case was tried on an amended petition, which alleges that defendant was a corporation, doing business in the city of St. Louis aforesaid; that on August 4, 1919, the date of plaintiff's injury, the defendant was engaged in laying and connecting underground sprinkling or sewer pipes, at what is commonly called the General Motors Plant, near Union Avenue and the Natural Bridge Road, in said city; that on the above date, plaintiff was employed by defendant, and was engaged in laying…
2Cases cited26 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Curtis v. McNairSupreme Court of Missouri · 1903
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
21 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Oldaker v. PetersSupreme Court of Missouri · 1991
- State v. GravesSupreme Court of Missouri · 1944
- State v. StallingsSupreme Court of Missouri · 1930
- Wilkins v. Cash Register Service CompanyMissouri Court of Appeals · 1975
- Nelson v. TayonSupreme Court of Missouri · 1954
26 more not listed; retrieve them via the Exa API.