Kuhn v. Lusk
Supreme Court of Missouri
Appeal from Barton Circuit Court. — lion. B. G. Thurman, Judge (1) At common law the master is not required to guard his machinery but could leave all parts of the machinery unguarded and incur no legal liability on that account. Cole v. Lead Co., 240 Mo. 404; Czernicke v. Ehrlick, 212 Mo. 386; Lore v. Manufacturing Co., 160 Mo. 608'; Blair v. Iieibel, 103 Mb.
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Appeal from Barton Circuit Court. — lion. B. G. Thurman, Judge (1) At common law the master is not required to guard his machinery but could leave all parts of the machinery unguarded and incur no legal liability on that account. Cole v. Lead Co., 240 Mo. 404; Czernicke v. Ehrlick, 212 Mo. 386; Lore v. Manufacturing Co., 160 Mo. 608'; Blair v. Iieibel, 103 Mb. App. 621; Gleason v. Smith, 172 Mass. 50. (2) The respondent cannot avail .himself in this action of the benefits of the statute regarding guards for dangerous machinery, to-wit, Sec. 7828, R. S. 1909: (a) Because the petition neither…
1Opinion of the Court
This is an action for personal injury caused, as it is alleged, by the negligence of defendant. Plaintiff recovered judgment for $10,000, and the defendant appeals.
At the time of his injury, plaintiff was employed by defendant as a "handy man" and laborer in one of the machine shops of the St. Louis San Francisco Railroad Company, of which defendant is receiver, located at the City of Springfield. As an incident to such employment plaintiff was required to clean and wipe the dust and grease off of a certain electric motor and the shifting through which the power was transmitted from it to a…
2Cases cited13 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Williams v. PryorSupreme Court of Missouri · 1917
- McDonald v. Champion Iron & Steel Co.Michigan Supreme Court · 1905
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3Cited by5 opinions
- Spencer v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1927
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Knott v. Missouri Boiler & Sheet Iron WorksSupreme Court of Missouri · 1923
- Lampe v. St. Louis Brewing Assn.Missouri Court of Appeals · 1920
- Adams v. ThayerMissouri Court of Appeals · 1928