Bradley v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Missouri
Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) A master owes no duty to provide a safe place for his employee when the only danger that exists arises solely by reason of the very work which the employee is required to perform. Minneapolis v. Lundin, 58 Fed. Rep. 529; Ey Co. v. Jackson, 65 Fed. Rep. 48; Armour v. Eahn, 111 U. S. 313, 318; Beesley v. Wheeler, 61 N. W. Rep. 658; Carlson v. B. B. Co., 28 Pac. Rep.
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Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) A master owes no duty to provide a safe place for his employee when the only danger that exists arises solely by reason of the very work which the employee is required to perform. Minneapolis v. Lundin, 58 Fed. Rep. 529; Ey Co. v. Jackson, 65 Fed. Rep. 48; Armour v. Eahn, 111 U. S. 313, 318; Beesley v. Wheeler, 61 N. W. Rep. 658; Carlson v. B. B. Co., 28 Pac. Rep. (Ore.) 497; Allen v. B. B. Co., 37 8. W. Rep. (Tex.) 171; Fugler v. Bothe, 117 Mo. 475; Millar (1) It was the duty of the master to provide plaintiff a reasonably…
1Opinion of the CourtMaoearlare, J.
An action to recover damages for personal injuries sustained by plaintiff through the alleged negligence of defendant for whom he was working as a laborer. A jury trial resulted in a verdict and judgment for plaintiff for $8,000. Prom the judgment defendant appealed.
The petition charges substantially that “from May 5 to June 13,1892, plaintiff was in defendant’s employ, with other laborers, engaged in digging and removing embankments of earth about thirty-five feet in height. *298In doing this work defendant used a steam shovel to dig away the base of the embankment and when that had been done it…
2Cases cited7 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Griffin v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1890
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Smith v. WellsSupreme Court of Missouri · 1930
- Reynolds v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
73 more not listed; retrieve them via the Exa API.