Hurst v. Nineteen Hundred Nine Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Son. J. D. Perkins, Judge. (1) To make a case of negligence, tlie evidence must show that the defect existed prior to the happening of the accident and that defendant either knew of its existence, or could have known bf its existence by the exercise of ordinary care and for a sufficient time before the happening of the accident to enable it to remedy same. Abbott v. Mining Co., 112 Mo.
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Appeal from Jasper Circuit Court. — Son. J. D. Perkins, Judge. (1) To make a case of negligence, tlie evidence must show that the defect existed prior to the happening of the accident and that defendant either knew of its existence, or could have known bf its existence by the exercise of ordinary care and for a sufficient time before the happening of the accident to enable it to remedy same. Abbott v. Mining Co., 112 Mo. App. 550; Wojtylak v. Coal Co., 188 Mo. 260; Rowden v.. Daniel, 132 S. W. 23. (2) The customary manner of doing things is the conclusive test of the exercise of ordinary…
1Opinion of the Court
COX, J. —
Action for damages for injury'to plaintiff caused by rock and dirt falling from the roof of a mine while plaintiff was at work therein. Judgment for plaintiff for $200' and defendant has appealed.
Defendant is the owner of a mine near Neck City in Jasper county in which plaintiff was employed and at work at the time of the alleged injury. All the men in the mine were under a ground foreman and he directed and controlled all the work. Plaintiff’s usual duties were to run a machine used in drilling holes for blasting but he was also required to do whatever he was told to do by the…
2Cases cited8 opinions
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Powers v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Williamson v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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3Cited by1 opinion
- Beckermann v. E. H. Kortkamp Jewelry Co.Missouri Court of Appeals · 1913