Stephens v. Deatherage Lumber Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». Andreio F.. Evans, Judge. (1) Neither the defendant nor Floyd were in anyway negligent. (2) The plaintiff was himself negligent, and his negligence caused or contributed to the-injury which he received. Moore v. Railroad, 146 Mo.. 572; Palmer v. Tel. Co., 91 Mo. App. 106; Hurst v. Railroad, 163 Mo. 322. (3) Plaintiff’s counsel in Ms argument assumes that there must have been a foreman in connection with the work in question.
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Appeal from Jackson Circuit Court. — Ho». Andreio F.. Evans, Judge. (1) Neither the defendant nor Floyd were in anyway negligent. (2) The plaintiff was himself negligent, and his negligence caused or contributed to the-injury which he received. Moore v. Railroad, 146 Mo.. 572; Palmer v. Tel. Co., 91 Mo. App. 106; Hurst v. Railroad, 163 Mo. 322. (3) Plaintiff’s counsel in Ms argument assumes that there must have been a foreman in connection with the work in question. There is nothing in the case to show that there was any necessity for a foreman. (4) Floyd was not a foreman or vice-principal.…
1Opinion of the CourtJohnson, J.
— This cause was here before upon plaintiff’s appeal from an order sustaining a motion for new trial. We affirmed the action of the learned *402trial judge — 98 Mo. App. 365. Upon a retrial plaintiff recovered judgment in the sum of twelve hundred dollars and defendant is now the appealing party.
But one question will be considered in this opinion as its solution is decisive of the rights of the parties. We have reached the conclusion that under the facts disclosed by plaintiff’s evidence, considered either alone or in connection with those brought out by defendant, a recovery cannot be permitted.…
2Cases cited11 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Bane v. IrwinSupreme Court of Missouri · 1903
- Gormly v. Vulcan Iron WorksSupreme Court of Missouri · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dickinson v. JenkinsMissouri Court of Appeals · 1910
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Kautz v. St. Louis Refrigerator Car Co.Missouri Court of Appeals · 1920
- Small v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1913
- Vannest v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1914
7 more not listed; retrieve them via the Exa API.