Watson v. Kansas & Texas Coal Co.
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. ’ (1) The demurrers to the evidence should have been sustained. If the servant has the same knowledge of the risk that an inspection would reveal to the master’s inquiry, and continues at his work without complaint, he cannot recover if hurt. Hayden v. Mfg.
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. ’ (1) The demurrers to the evidence should have been sustained. If the servant has the same knowledge of the risk that an inspection would reveal to the master’s inquiry, and continues at his work without complaint, he cannot recover if hurt. Hayden v. Mfg. Co., 29 Conn. 548; Ballon v. Railroad, 54 Wis. 259; Porter v. Railroad, 71 Mo.; Anderson v. Ciarle, 29 N. E. Rep. 589; Heath v. Coal Co., 65 Iowa, 737, and authorities supra. (2) The deceased knew of the condition of the rock, continued to work without complaint, and,…
1Opinion of the CourtSmith, P. J.
— Action by plaintiff to recover for the death of her husband occurring while he was employed in the defendant’s coal mines at Ardmore in Macon county. A stone from the roof of the mine fell *368upon him and crashed him to death. Plaintiff complains that the defendant knew that the roof was unsafe at the particular place from which the rock fell, and negligently failed to secure it against falling, or was negligent in not knowing of its insecure condition. The defendant answers disclaiming any fault on its part and averring that the accident was a risk incident to the nature of the service, and…
2Cases cited15 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
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3Cited by15 opinions
- Steinhauser v. SpraulSupreme Court of Missouri · 1895
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- Walker v. ScottSupreme Court of Kansas · 1901
- Carter v. BaldwinMissouri Court of Appeals · 1904
- Anderson v. Forrester-Nace Box Co.Missouri Court of Appeals · 1903
10 more not listed; retrieve them via the Exa API.