Chenoweth v. Sutherland
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Hon. Hermann Bruiribach, Judge. (1') That it is negligent for employees to disobey their foreman, that they assume the risk of doing a certain piece of work in a manner contrary to his instructions, and if such disobedience is the proximate cause of the injury resulting therefrom, the injured employee cannot recover, is well established by the following cases: York v. Railroad, 117 Mo. 405; Maxfield v. Granson, 131 Fed. 841; Holmes v.…
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Appeal from. Jackson Circuit Court. — Hon. Hermann Bruiribach, Judge. (1') That it is negligent for employees to disobey their foreman, that they assume the risk of doing a certain piece of work in a manner contrary to his instructions, and if such disobedience is the proximate cause of the injury resulting therefrom, the injured employee cannot recover, is well established by the following cases: York v. Railroad, 117 Mo. 405; Maxfield v. Granson, 131 Fed. 841; Holmes v. Brandenbaugh, 172 Mo. 53; Knappes v. Shoe Co., 116 Mo. App. 154; Kelley v. Lawrence, 195 Mo. 75; Moran v. Brown, 27 Mo.…
1Opinion of the CourtEllison, J.
This action is for personal injury, in which plaintiff prevailed in the trial court.
Several of defendant’s servants were engaged in removing the main part or body of an engine out of a *274building. They were under the charge of defendant’s foreman, who directed it to be put upon a low-wheeled push car and wheeled out of the building to a pile of I-beams upon which it was to be placed. A derrick was at the I-beams for the purpose of removal of the engine from the car. In attempting to remove it, one of the wire ropes connected with the operation of the derrick broke and fell upon plaintiff’s head…
2Cases cited1 opinion
- Chenoweth v. SutherlandMissouri Court of Appeals · 1908
3Cited by4 opinions
- Kirst v. Clarkson Construction CompanyMissouri Court of Appeals · 1965
- Turner v. Yellow Cab Company of SpringfieldMissouri Court of Appeals · 1962
- Moses v. Independence, Mo. K.C. Pub. Serv. Co.Missouri Court of Appeals · 1945
- Hanson v. City Light & Traction Co.Missouri Court of Appeals · 1944