Deweese v. Meramec Iron Mining Co.
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) The court erred in giving instruction number 1. This instruction entirely ignores any supposed or alleged negligence or want of care on the part of the defendant or its superintendent. (2) . A master is not a warrantor or insurer of his servants’ or employees’ safety. Hayden v. Mfg.
Read the full summary
Certified from St. Louis Court of Appeals. (1) The court erred in giving instruction number 1. This instruction entirely ignores any supposed or alleged negligence or want of care on the part of the defendant or its superintendent. (2) . A master is not a warrantor or insurer of his servants’ or employees’ safety. Hayden v. Mfg. Co., 29 Conn. 548; Ballon v. Bailroad, 54 Wis. 259; Porter v. Bailroad, 71 Mo. 66; Anderson v. Clarice, 29 N. E. Rep. 589; Heath v. Coal, etc., Co., 65 Iowa, 737. (3) Even in eases of the use of machinery by the servant, or appliances, the master is not an absolute…
1Opinion of the Court
Burgess, J. —
This is an action for damages for personal injuries sustained by plaintiff, a laborer, while working in defendant’s mine. Prom a verdict and judgment in favor of plaintiff in the sum of $2,500 defendant appealed to the St. Louis court of appeals where the judgment was affirmed in an opinion by Biggs, J. The case was then certified to this court, because of the nonconcurrence in the opinion of one of the members of that court. The case will be found *427reported in 54 Mo. App. 476. Eor reasons announced in the opinion 'which are in accord with the adjudications of this court, the…
2Cases cited1 opinion
- Deweese v. Meramec Iron Mining Co.Missouri Court of Appeals · 1893
3Cited by12 opinions
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Hoffman v. Peerless White Lime Co.Supreme Court of Missouri · 1927
- Cole v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Nicol v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1912
- Cain v. Humes-Deal Co.Supreme Court of Missouri · 1932
7 more not listed; retrieve them via the Exa API.