Cody v. Lusk
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Davision Number One. — Hon. Joseph D. Perkins, Judge. (1) The demurrer requested by defendants should have been given because plaintiff did not prove any negligence of defendants entitling him to have his case submitted to the jury.
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Appeal from Jasper County Circuit Court, Davision Number One. — Hon. Joseph D. Perkins, Judge. (1) The demurrer requested by defendants should have been given because plaintiff did not prove any negligence of defendants entitling him to have his case submitted to the jury. (2) The rule of res ipsa loquitur does not apply to an action by a servant against the master, and there is no showing by plaintiff of anything except that while he was at work the extension came off and scaffold fell. Hamilton v. Railroad, 123 Mo. App. 619; Haynie v. Packing Co., 126 Mo. App. 88; Klebe v. Distilling Co.,…
1Opinion of the CourtSturgis, J.
Plaintiff recovered a judgment for personal injuries received by him while in the employ of defendants, as receivers of the St. Louis and San Francisco Railroad Company, in the capacity of a boiler maker working at defendants’ shops in Springfield, Missouri. His injuries resulted from a fall from the scaffold on which he was working at drilling flexible sleeves from the boiler sheet of a locomotive, using for that purpose a drill operated by electric power. The locomotive boiler on which he was working had been stripped from the trucks and other machinery and set up on end on the floor in a…
Also in this document: Concurrence.
2Cases cited33 opinions
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Blanton v. DolbSupreme Court of Missouri · 1891
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
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3Cited by5 opinions
- Powell v. WalkerMissouri Court of Appeals · 1917
- Allen v. Quercus Lumber Co.Missouri Court of Appeals · 1915
- Melcher v. Freehold Investment Co.Missouri Court of Appeals · 1915
- Ferguson v. Fulton Iron WorksMissouri Court of Appeals · 1924
- Bridges v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1917