Dutzi v. Geisel
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, George. W. Lubke, Judge. Under evidence-showing’ that the injury and the negligence had no connection the court will direct a verdict for the defendant., Dunn v. Railroad, 21 Mo. App. 188. The master is not an insurer, and he is bound only to ordinary care in providing machinery for his employes. Flynn r.
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Appeal from the St. Louis Circuit Court, George. W. Lubke, Judge. Under evidence-showing’ that the injury and the negligence had no connection the court will direct a verdict for the defendant., Dunn v. Railroad, 21 Mo. App. 188. The master is not an insurer, and he is bound only to ordinary care in providing machinery for his employes. Flynn r. Railroad,, 78 Mo. 195; Cagney v. Railroad, 69 Mo. 416; Smith v. Railroad, 69 Mo. 32.' “If the person injured was fully aware of the hazard before the accident, or was guilty of negligence himself, he can not recover.” Nolan'o. Shiclde, 3 Mo. App. 300;…
1Opinion of the Court
Thompson, J.,
delivered the opinion of the court..
This was an action for damages for injuries received by the plaintiff while operating a machine as an employe of the defendant. The plaintiff had a verdict and judgment.
As in most cases of this kind, the stress of the case is the question of the plaintiff’s own contributory negligence. The plaintiff, a lad about sixteen years of age, was in the employ of the defendant and was put to work *678by the defendant’s foreman with a machine used for cutting and crimping the caps and bottoms of tin cans. The machine and manner of operating it were exhibited…
2Cases cited12 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
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3Cited by8 opinions
- Huth v. DohleMissouri Court of Appeals · 1898
- Sampson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Steube v. Christopher & Simpson Architectural Iron & Foundry Co.Missouri Court of Appeals · 1900
- Corbett v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
- Brown v. Hershey Land & Lumber Co.Missouri Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.