Van Bibber v. Swift & Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Now. L. A. Vories, Judge. (1) The peremptory instruction requested by the defendant at the close of all the testimony should have been given for the following reasons: (a) The defendant was not negligent in failing to provide a strainer in its oil pipe. Morgan v. Mfg. Co., 120 Mo. App. 590; Baier v. ETeibel, 103 Mo. App. 622; Cobb v. Cotton Oil Co., 181 S. W. 1196; Hester v. Packing Co., 84 Mo.
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Appeal from Buchanan Circuit Court. — Now. L. A. Vories, Judge. (1) The peremptory instruction requested by the defendant at the close of all the testimony should have been given for the following reasons: (a) The defendant was not negligent in failing to provide a strainer in its oil pipe. Morgan v. Mfg. Co., 120 Mo. App. 590; Baier v. ETeibel, 103 Mo. App. 622; Cobb v. Cotton Oil Co., 181 S. W. 1196; Hester v. Packing Co., 84 Mo. App. 451; Clippard v. Transit Co., 202 Mo. 432; Wilks v. Railroad, 141 S. W. 910. (b) The defendant had provided an additional shut-off valve, described in…
1Opinion of the Court
This is a suit for personal injuries alleged to have been sustained by plaintiff from an explosion in a furnace in which oil was used for fuel in defendant's fertilizer plant at St. Joseph.
The charge of negligence in the petition is, in substance, that defendant carelessly maintained a shut-off device or valve in defective condition, so that the oil could not be completely turned off from the furnace, and negligently maintained its oil pipe without a strainer therein to prevent cinders, waste and dirt and other obstructions in the oil from passing into and clogging said shut-off device or…
2Cases cited21 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
16 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Steele v. WoodsSupreme Court of Missouri · 1959
- Rouchene v. Gamble Construction Co.Supreme Court of Missouri · 1935
- Martin v. Mid-America Farm Lines, Inc.Supreme Court of Missouri · 1989
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Stahlheber v. American Cyanamid CompanySupreme Court of Missouri · 1970
32 more not listed; retrieve them via the Exa API.