Mitchell v. Polar Wave Ice & Fuel Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis,. — ■ Eon. Thomas G. Hennings, Judge. (1) The lower court erred in refusing to give the peremptory instruction offered by appellant at the close of all the testimony..
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Appeal from the Circuit Court of the City of St. Louis,. — ■ Eon. Thomas G. Hennings, Judge. (1) The lower court erred in refusing to give the peremptory instruction offered by appellant at the close of all the testimony.. (a) Where, as in this case, the testimony shows that the master has placed the servant in complete control of a plant, and has delegated to him the duty of seeing that the same is kept in reasonably safe condition, such servant cannot recover for injuries sustained as a result of failure on his part to see that such plant is kept in such condition. 3 Labatt on Master &…
1Opinion of the Court
This is an action for damages alleged to have been sustained by the plaintiff, by reason of an explosion of a tube in one of defendant's boilers located at its plant in the City of St. Louis. The negligence alleged in the petition and relied upon for recovery, is that the tube which burst had been leaking for some two days, and the defendant failed to discontinue the boiler, when it knew, or by the exercise of ordinary care would have known, that the said tube was in a defective condition and liable to burst. There were other acts of negligence alleged in the petition, but they were abandoned…
2Cases cited4 opinions
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Nicholds v. Crystal Plate Glass Co.Supreme Court of Missouri · 1894
- Adair v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1920
- White v. Montgomery Ward & Co.Missouri Court of Appeals · 1915
3Cited by7 opinions
- State Ex Rel. Badami v. GaertnerMissouri Court of Appeals · 1982
- Robinson v. HookerMissouri Court of Appeals · 2010
- Hansen v. RitterMissouri Court of Appeals · 2012
- Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
- McCarver v. Lead Co. and FosterMissouri Court of Appeals · 1925
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