Howard v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from. Saline Circuit Court. — Rom. Samuel Dar vis, Judge. (1) Defendant was not an insurer of the absolute safety of the handle of the hand car. It was only bound to use ordinary care to furnish plaintiff with a handle, reasonably safe for his use in propelling the hand car. Gutridge v. Railroad, 94 Mo. 474; Krampe v. Brewing Asso., 59 Mo.
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Appeal from. Saline Circuit Court. — Rom. Samuel Dar vis, Judge. (1) Defendant was not an insurer of the absolute safety of the handle of the hand car. It was only bound to use ordinary care to furnish plaintiff with a handle, reasonably safe for his use in propelling the hand car. Gutridge v. Railroad, 94 Mo. 474; Krampe v. Brewing Asso., 59 Mo. App. 277; Corey v. Railroad, 84 Mo. 635; Blanton v. Dold, 109 Mo. 64. And any defect in the wood composing .the handle, and any crack in it, was as much open to the observation of Howard as to any other servant of defendant. If with such knowledge,…
1Opinion of the CourtFox, J.
This suit was instituted in the circuit court of Saline county on May 6, 1899. The petition is in due form, and the injury complained of is based upon the alleged negligence of defendant in failing to furnish plaintiff with a reasonably safe hand car and appliances for operating the same. The allegations in the petition, which are important in the determination of the questions involved in this case, are as follows:
*527“That said hand car and handle bar was composed of old, defective and rotten material, and wholly unfit for the use for which said car and handle bar were .used by said defendant.…
2Cases cited4 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Bohn v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1891
- Covey v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
3Cited by7 opinions
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Hamilton v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- McMurry v. McMurrySupreme Court of Missouri · 1937
- Slater v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1930
- State Ex Rel. Govro v. HostetterSupreme Court of Missouri · 1937
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