Robbins v. Big Circle Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — ífow. J. D. Perkins, Judge, (1) Absolute safety is unattainable, and employers are not insurers. Courts should not set up a standard which will “in effect” dictate the customs or control the business of the community. Minnier v. Railway, 167 Mo. 120; Brown v. L. & L. Co., 65 Mo.
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Appeal from Jasper Circuit Court. — ífow. J. D. Perkins, Judge, (1) Absolute safety is unattainable, and employers are not insurers. Courts should not set up a standard which will “in effect” dictate the customs or control the business of the community. Minnier v. Railway, 167 Mo. 120; Brown v. L. & L. Co., 65 Mo. App. 165. (2) The rule that it is the duty of the master to inspect appliances is not applicable in this case because it would not have disclosed anything more than the plaintiff was presumed, on account of his age and experience, to know about it. Shea v. Railroad, 76 Mo. App. 33;…
1Opinion of the CourtBroaddus, J.
The plaintiff sues to recover damages sustained by the loss of one of his eyes alleged to have been the result of defendant’s negligence while he was in its employ.
The evidence tends to show that defendant was engaged in mining at Oronogo, Jasper county, Missouri, and in cleaning and reducing zinc ores for market; that plaintiff in September, 1902, was in the employ of defendant engaged in feeding what is called a crusher, a *81part of said mining plant; that one of plaintiff’s duties was to break rock and large pieces of ore before they were pnt into said crusher, for which purpose he was…
2Cases cited2 opinions
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Booth v. Kansas City & Independence Air LineMissouri Court of Appeals · 1898
3Cited by5 opinions
- Crader v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Harris v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Blankenship v. A. M. Hughes Paint & Glass Co.Missouri Court of Appeals · 1911
- Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
- Sager v. Samson Mining Co.Missouri Court of Appeals · 1914