Johnson v. Ambursen Hydraulic Construction Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court.—Now. Guy D. Kirby, Judge. ■ The court erred in refusing to give instructions in the nature of demurrers to the evidence offered at the close of the plaintiff’s case and at the close of the whole case because: (a) There was no evidence to show that the defendant was in charge of the. work in which plaintiff was engaged or was the master of the plaintiff.
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Appeal from Greene County Circuit Court.—Now. Guy D. Kirby, Judge. ■ The court erred in refusing to give instructions in the nature of demurrers to the evidence offered at the close of the plaintiff’s case and at the close of the whole case because: (a) There was no evidence to show that the defendant was in charge of the. work in which plaintiff was engaged or was the master of the plaintiff. Rubber Co. v. Reinhardt, 88 111. App. 195; Miles v. Packers Assn., 41 Ore. 617, 69 Pac. 827. (h) The proximate cause of the injury to the plaintiff was not the failure to cover the scuttle or pit…
1Opinion of the CourtFarrington, J.
The plaintiff recovered a judgment against defendant for $7500 on account of personal injuries alleged' to have been sustained by him while in the employ of the defendant.
Plaintiff in the original petition sought to recover damages on the charge that defendant negligently and carelessly failed to cover certain machinery consisting of cogwheels and shafts on a boat used on White river in the construction of a dam several miles up the river from Forsyth in Taney county, Missouri. The suit was brought against several defendants. A first amended petition was filed against three defendants, not…
2Cases cited14 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Strother v. Kansas City Milling Co.Supreme Court of Missouri · 1914
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kidd v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1925
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
- Hogan v. FlemingSupreme Court of Missouri · 1927
- Henry v. the First Nat'l Bk. of Kansas CityMissouri Court of Appeals · 1938
- Thebeau v. ThebeauSupreme Court of Missouri · 1959
9 more not listed; retrieve them via the Exa API.