Covey v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison,1 Judge. (1) The master does not warrant to Ms servants absolutely the sufficiency or safety of the implements furnished' for their work, but only for the exercise of reasonable care in that respect; and' where an injury results to an employe from a defect in the implement furnished, knowledge of the defect must be brought home ■■to the employer, or proof that he omitted the exercise of proper care to discover it.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison,1 Judge. (1) The master does not warrant to Ms servants absolutely the sufficiency or safety of the implements furnished' for their work, but only for the exercise of reasonable care in that respect; and' where an injury results to an employe from a defect in the implement furnished, knowledge of the defect must be brought home ■■to the employer, or proof that he omitted the exercise of proper care to discover it. The burden is on plaintiff to prove.the omission. Booth v. By., 67 N. Y. 593; De-Groff v. By., 76 N., Y. 125. Defendant must…
1Opinion of the CourtBlack, J.
— The plaintiff, a carpenter, was in the employ of the defendant and was engaged in repairing bridges. He and his co-laborers had furnished to them a hand-car, which they used in transporting .themselves and their tools from place to place. On the occasion in question, he and his other co-laborers, seven in all, got on the car with a chest of tools. They acted with some haste, in order to look after two or more bridges that evening. While going at the rate of nine or ten miles an kour, the handle broke and the plaintiff was injured. He sues for damages because of these injuries, and charges…
2Cases cited3 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Elliott v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1878
- Siela v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
3Cited by14 opinions
- Williams v. DickensonSupreme Court of Florida · 1891
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Franklin v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
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