Cooney v. Laclede Gas Light Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court — Hon. Daniel D. Fisher, Judge. (1) The court erred in refusing to direct a verdict for the defendant, and in overruling motion for new trial, (a) The duty of a master to furnish a safe place to work'does not require him to provide against hazards such as are ordinarily incident to the employment, as where the danger is temporary and when'it arises from the hazard and progress of' the work itself.
Read the full summary
Appeal from St. Louis City Circuit Court — Hon. Daniel D. Fisher, Judge. (1) The court erred in refusing to direct a verdict for the defendant, and in overruling motion for new trial, (a) The duty of a master to furnish a safe place to work'does not require him to provide against hazards such as are ordinarily incident to the employment, as where the danger is temporary and when'it arises from the hazard and progress of' the work itself. This rule is particularly applicable to dangers arising out of the demolition of structures. Ziegenmeyer, Admr., v. Goetz Lime & Cement Co., 113 Mo. App.…
1Opinion of the CourtReynolds, P. J.
— This is an action by the plaintiff to recover damages for injuries alleged to have been sustained by him while engaged in tearing down a platform upon the order of a representative of defendant, the particular work in which plaintiff was engaged at the time being the removal of the floor and footwalk from the platform, which had been used for holding coal as it was unloaded from cars. It is charged that while plaintiff was engaged in removing the planks comprising the platform, and while he was carrying a heavy plank which he was about to lower to the ground,- he stepped upon a plank of the…
2Cases cited5 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Henson v. Armour Packing Co.Missouri Court of Appeals · 1905
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905
- Bloomfield v. Worster Construction Co.Missouri Court of Appeals · 1906
3Cited by1 opinion
- Huskey v. Heine Safety Boiler Co.Missouri Court of Appeals · 1915