Williams v. Pryor
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Fred Lamb, Judge. The court erred in overruling defendant’s demurrer to the evidence, this because: First: The evidence wholly failed to show that the particular tool with which plaintiff was working was furnished by defendants, but showed on the contrary, that the tool was of plaintiff’s" own selection.
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Appeal from Chariton Circuit Court. — Hon. Fred Lamb, Judge. The court erred in overruling defendant’s demurrer to the evidence, this because: First: The evidence wholly failed to show that the particular tool with which plaintiff was working was furnished by defendants, but showed on the contrary, that the tool was of plaintiff’s" own selection. Second: Because the evidence showed that the tool in question was so manifestly of the simple tool variety or class, that the master could not be presumed to have any superior knowledge or judgment in relation to the tool than the servant using it,…
1Opinion of the CourtGraves, C. J.
This case reaches this court by a proper certification of the Kansas City Court of Appeals, it being recited in the certificate of that court that one of the judges of that court deemed their opinion to be in conflict with the law as announced by this court in the case of Fish v. Railway Co., 263 Mo. 106. Judge Johnson of the Court of Appeals fairly outlines the case in this language:
“This is an action for damages for personal injuries plaintiff alleges he sustained in consequence of negligence of defendants, his employers who, at the time, were receivers of the Wabash Railroad Company.
“Plaint…
2Cases cited5 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Fish v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1914
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
- Huston v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
3Cited by36 opinions
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
- Kidd v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1925
- Morris v. Atlas Portland Cement Co.Supreme Court of Missouri · 1929
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
- Hoffman v. Peerless White Lime Co.Supreme Court of Missouri · 1927
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