Britt v. Crebo
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Walter A Powell, Judge. (1) The burden is upon tbe plaintiff to show that the condition causing the injury was such that a reasonably careful test, that is to say, the test ordinarily employed in the business, would have disclosed it. Howard v. Eailroad, 173 Mo. 524; Eowden v. Daniell, 151 Mo. App. 15; Anderson v. Coal & Mining Co., 138 Mo.
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Appeal from Jackson Circuit Court. — Eon. Walter A Powell, Judge. (1) The burden is upon tbe plaintiff to show that the condition causing the injury was such that a reasonably careful test, that is to say, the test ordinarily employed in the business, would have disclosed it. Howard v. Eailroad, 173 Mo. 524; Eowden v. Daniell, 151 Mo. App. 15; Anderson v. Coal & Mining Co., 138 Mo. App. 76; Goode v. Coal & Coke Co., 151 S. W. 508; (2) The plaintiff was injured by one of the hazards of his employment, the risk of which he assumed. Furber v. Bolt & Nut Co., 185 Mo. 301; Hollingsworth v. Biscuit…
1Opinion of the CourtJohnson, J.
This is a master and servant case. Defendant was engaged as an independant contractor in the work of straightening the track of the St. Lonis, Iron Mountain & Southern Railroad near the town of Leeper and in doing the work found it necessary to do extensive blasting in certain rocky cliffs. Plaintiff was one of the laborers employed by defendant to do the blasting and was injured on April 5, 1910, by the unexpected explosion of dynamite in a drill hole. He alleges that his injury was caused by the negligence of his foreman in ordering him to drill in a hole containing unexploded dynamite. The…
2Cases cited8 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Bane v. IrwinSupreme Court of Missouri · 1903
- Brands v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
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3Cited by1 opinion
- Conway v. ParkIndiana Court of Appeals · 1941