Robertson v. Fuller Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. The plaintiff’s testimony showed that lie bad knowledge of tbe defective piling complained of and that it was one of tbe risks arising during tbe course of bis employment, and assumed by bim. There was no evidence of fraud in obtaining tbe release pleaded as a bar to tbe action, and there was no evidence of a return or even a tender to tbe appellant of tbe money obtained in consideration of its execution.
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Appeal from St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. The plaintiff’s testimony showed that lie bad knowledge of tbe defective piling complained of and that it was one of tbe risks arising during tbe course of bis employment, and assumed by bim. There was no evidence of fraud in obtaining tbe release pleaded as a bar to tbe action, and there was no evidence of a return or even a tender to tbe appellant of tbe money obtained in consideration of its execution. Barney v. Railroad, 126 Mo. 372, 28 S. W. 1069; Feary v. Railway, 162 Mo. 75,106, 62 S. W. 452; Davies v. Railway, 159…
1Opinion of the CourtBland, P. J.
— Suit, commenced before a justice of the peace, reached the circuit court in due course, where, on a trial de novo> plaintiff recovered a judgment for three hundred dollars from which defendant appealed to this court.
Plaintiff was employed by defendant as a laborer and, on December 31,1903, was put to work on the third floor of the postoffice annex, a large building then in the course of construction, on Eighteenth street, in the city of St. Louis. He was directed to carry flooring planks, *460from twelve to fourteen feet long by two and one-half inches thick and five and one-half inches wide,…
2Cases cited3 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Cleary v. Municipal Electric Light Co.New York Supreme Court · 1892
- Estes v. NellSupreme Court of Missouri · 1901
3Cited by4 opinions
- Kirchgestner v. Denver & Rio Grande WR Co.Utah Supreme Court · 1951
- Anderson v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1910
- Lomax v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1906
- Kirchgestner v. Denver & Rio Grande WR Co.Utah Supreme Court · 1951