Shelton v. Kirksville Light, Power & Ice Co.
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Son. Charles ZL Stewart, Judge. Instruction 3 for defendant is erroneous in assuming as matter of law that it was the duty of deceased to discover and repair or report all defects in the defendant’s wires.
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Appeal from Knox Circuit Court. — Son. Charles ZL Stewart, Judge. Instruction 3 for defendant is erroneous in assuming as matter of law that it was the duty of deceased to discover and repair or report all defects in the defendant’s wires. It not only assumes as true what should have been left to the jury to find from the evidence, but it wholly ignores the master’s duty in the premises to use the highest degree of care, and casts the master’s duty on deceased, and further ignores the conflicting evidence as to just what were the duties of deceased. At the time he was killed deceased was not…
1Opinion of the Court
ROY, C. —
This is a suit for $10,000 damages by reason of the death of John Shelton. There was a verdict and judgment for defendant and plaintiff appealed... . Electric Unema'n. The deceased was an experienced lineman in the employ of defendant and was, at the time of his death, engaged in stringing a new wire on a pole of defendant on which were five cross-arms and many wires carrying a deadly current of 2300 volts. Pie came in contact with those wires and was instantly killed. The petition alleged negligence in permitting the insulation on those wires to become and remain defective, decayed…
2Cases cited16 opinions
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Flood v. . Western Union Telegraph CompanyNew York Court of Appeals · 1892
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- McGorty v. Southern New England Telephone Co.Supreme Court of Connecticut · 1897
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
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3Cited by1 opinion
- Rose v. Missouri District Telegraph Co.Supreme Court of Missouri · 1931