Scoffin v. Abernathy Furniture Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — lion. E. E. Porterfield, Judge. (1) The duty was placed on plaintiff by the character of the work being done to make his own inspection. Hulse v. Tel. Co., 164 Mo. App. 131; Fleeman v. Bemis Bag Co., 195 Mo. App. 598; Corby v. Tel.
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Appeal from Jackson Circuit Court. — lion. E. E. Porterfield, Judge. (1) The duty was placed on plaintiff by the character of the work being done to make his own inspection. Hulse v. Tel. Co., 164 Mo. App. 131; Fleeman v. Bemis Bag Co., 195 Mo. App. 598; Corby v. Tel. Co., 231 Mo. 417; Bradley v. Tea Co., 213 Mo. 331. (2) Plaintiff knew of any danger due to condition of contents of car and defendant did not, and where danger is known to servant master is not negligent in failing to warn him. Hirsch v. Freund Bros. Co., 129 Mo. App. 1060 ; Herbert v. Mound City Boot & Shoe Co., 90 Mo. App. 305…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover damages for personal injuries he alleges were caused by the negligent failure of defendant, his master, to exercise reasonable care to furnish him a reasonably *629safe place in which to work. The answer is a general denial and pleas of assumed risk and contributory-negligence. Verdict and judgment were for plaintiff. Defendant appealed and argues that error was committed in the overruling of its demurrer .to the evidence. Defendant is an extensive dealer in furniture in Kansas City and plaintiff a teamster of more than twenty years experience who had been working for…
2Cases cited5 opinions
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
- Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
- Hillerbrand v. May Mercantile Co.Missouri Court of Appeals · 1909
- In re Estate of StromSupreme Court of Missouri · 1908
- Fleeman v. Bemis Bros. Bag Co.Missouri Court of Appeals · 1911