Devore v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Oass Circuit Court. — Hon. William L. Jarrott, Judge. (1) Tbe petition wholly fails to. state that defendant knew that the manner in which the dump boxes were placed on the push car, was negligent, dangerous and unsafe, and shows on its face that the plaintiff knew the manner in which the same were placed and that the danger arising from it was obvious. Epperson v. Tel. Co., 50 S. W. Rep. 795; Berning v. Medart, 56 Mo.
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Appeal from the Oass Circuit Court. — Hon. William L. Jarrott, Judge. (1) Tbe petition wholly fails to. state that defendant knew that the manner in which the dump boxes were placed on the push car, was negligent, dangerous and unsafe, and shows on its face that the plaintiff knew the manner in which the same were placed and that the danger arising from it was obvious. Epperson v. Tel. Co., 50 S. W. Rep. 795; Berning v. Medart, 56 Mo. App. 443; Wray v. E. L. & W. P. Co., 68 Mo. App. 388; Railroad v. Stutts, 53 Am. St. Rep. 128; Taylor v. Wootan, 50 Am. St. Rep. 200; Kimmer v. Weber. 56 Am.…
1Opinion of the Court
SMITH, B. J.
This is an action brought by the plaintiff against the defendant to recover damages for personal injuries received by the former in consequence of the negligence of the latter. There was a trial resulting in judgment for plaintiff and defendant appealed.
The petition, the sufficiency of which is assailed by the defendant, alleged in substance that the plaintiff, a section hand in the employment of defendant, while engaged with others in the line of his employment under the directions of the defendant’s section foreman was furnished by defendant with a push car and dump boxes to be…
2Cases cited21 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
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3Cited by3 opinions
- Smith v. Kansas CityMissouri Court of Appeals · 1907
- Depuy v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
- Reames v. Jones Dry Goods Co.Missouri Court of Appeals · 1903