Meyers v. O'Bear-Nestor Glass Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) The lav? does not impose upon the master the obligation to furnish a good and sufficient appliance. He Js not an insurer of the safety of the appliance, he furnishes. He is only bound to use ordinary care in furnishing reasonably safe appliances. Goins v. Railroad, 37 Mo. App. 221; Harrington v. Railroad, 104 Mo.
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Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) The lav? does not impose upon the master the obligation to furnish a good and sufficient appliance. He Js not an insurer of the safety of the appliance, he furnishes. He is only bound to use ordinary care in furnishing reasonably safe appliances. Goins v. Railroad, 37 Mo. App. 221; Harrington v. Railroad, 104 Mo. App. 663; Grattis v. Railroad, 153 Mo. 403; Blanton v. Hold, 109 Mo. 64; Covey v. Railroad, 86 Mo. 635. • And the petition having charged a higher duty upon defendant than the law imposes, it is fatally…
1Opinion of the CourtEllison, J.
Plaintiff was in the employment of defendant as a teamster. He was injured while in that employment. He claims the injury was caused by defendant’s negligence and brought this action in which he recovered judgment in the trial court.
Since the verdict was for the plaintiff, we will regard all the substantial evidence in his behalf as established in fact, and dispose of the case on that basis. He testified that he was sixty-two years of age and had been a teamster for forty years. At the time of his injury he was hauling dirt for defendant, and had been, for several weeks. He used two wagons,…
2Cases cited4 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- Hicks v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
3Cited by8 opinions
- Pulley v. Standard Oil Co.Missouri Court of Appeals · 1909
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Reed v. KochMissouri Court of Appeals · 1926
- Cristy v. Southwest Missouri RailroadMissouri Court of Appeals · 1908
- Slagel v. Chas. H. Nold Lumber Co.Missouri Court of Appeals · 1909
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