Legal Opinion

Robinson v. Hammond Packing Co.

Missouri Court of Appeals

Decided November 23, 1914Published

ADDeal from Buchanan Circuit Court. — Hon. C. H. Mayer, Judge. (1) The master may conduct his business in his own way and the servant must assume all risks incident to the nature of his employment. Disano v. Steam Brick Co.,' 40 Atl. 7-, Mathis v. Stock Yards Co., 185 Mo. 434; Sinberg’ v.’ The Falk Co., 98 Mo. App. 546-; Bradley v. Railroad, 138 Mo. 302; Roberts v. Tel. Co., 166 Mo. 376; Gleeson v. Excelsior Mfg. Co., 94 Mo. 201; Musick v. Dold Pkg. Co., 58 Mo.

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ADDeal from Buchanan Circuit Court. — Hon. C. H. Mayer, Judge. (1) The master may conduct his business in his own way and the servant must assume all risks incident to the nature of his employment. Disano v. Steam Brick Co.,' 40 Atl. 7-, Mathis v. Stock Yards Co., 185 Mo. 434; Sinberg’ v.’ The Falk Co., 98 Mo. App. 546-; Bradley v. Railroad, 138 Mo. 302; Roberts v. Tel. Co., 166 Mo. 376; Gleeson v. Excelsior Mfg. Co., 94 Mo. 201; Musick v. Dold Pkg. Co., 58 Mo. App. 322. (2) The court committed error in refusing defendant’s instruction number 9. This instruction told the jury that plaintiff…

1Opinion of the CourtTrimble, J.

Plaintiff was employed in the ‘‘hog-killing” room of defendant’s packing house. In the floor was a drain or sewer about nine inches wide and eight inches deep. It ran the entire length of the room (about seventy-five feet) from north to south and was used to carry the water, grease, scum, blood *413and filth which necessarily fell upon the floor in the prosecution of the work. An overflow pipe from the plant’s hot water tank connected with this sewer at the south end and hot water ran through the sewer to cleanse the same and to better cut the grease therein. It was also an outlet for the hot and…

2Cases cited5 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Tinkham v. SawyerMassachusetts Supreme Judicial Court · 1891
  3. Saversnick v. Schwarzschild & Sulzberger Co.Missouri Court of Appeals · 1910
  4. Harrington v. Wabash Railway Co.Missouri Court of Appeals · 1904
  5. Disano v. New England Steam Brick Co.Supreme Court of Rhode Island · 1898

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