Reeder v. Crystal Carbonate Lime Co.
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Jas. D. Barnett, Judge. Tbe demurrer to tbe evidence should have been sustained. First. Because no negligence of defendant alleged in tbe petition Avas proven. If any negligence Avas proven, it was the negligence of Ferry, who was a fellow-servant with plaintiff. Hebert v. Wiggins Ferry Co., 107 M'o. App. 287; Forbes v. Dunnavant, 198 Mo. 198. Second.
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Appeal from Lincoln Circuit Court. — Hon. Jas. D. Barnett, Judge. Tbe demurrer to tbe evidence should have been sustained. First. Because no negligence of defendant alleged in tbe petition Avas proven. If any negligence Avas proven, it was the negligence of Ferry, who was a fellow-servant with plaintiff. Hebert v. Wiggins Ferry Co., 107 M'o. App. 287; Forbes v. Dunnavant, 198 Mo. 198. Second. Because, according to the plaintiff’s account of the accident, plaintiff was guilty of such contributory negligence as to bar a recovery by him. Conroy v. Iron Works, 62 Mo. 35; Huhn v. Railroad, 92 Mo.…
1Opinion of the CourtGoode, J.
While working for defendant plaintiff’s foot was badly mashed in an accident and this action was instituted to recover damages. Defendant is an incorporated company engaged in quarrying- stone and manufacturing stone products. It has a quarry and works at Elsberry, in Lincoln county, and the accident *109occured there. It will he difficult to impart an accurate notion of the scene and details of the occurrence without the aid of pictures. Photographs were submitted to the court to assist in understanding the facts, but these cannot be reproduced in this opinion. Immediately adjacent to a rocky…
2Cases cited7 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Forbes v. DunnavantSupreme Court of Missouri · 1906
- Herbert v. Wiggins Ferry Co.Missouri Court of Appeals · 1904
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3Cited by5 opinions
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Harris v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Veatch v. Wabash Railroad Co.Missouri Court of Appeals · 1910
- Leonard Cotton Oil Co. v. BurnesCourt of Appeals of Texas · 1911
- Leonard Cotton Oil Co. v. BurnesCourt of Appeals of Texas · 1911