Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 173

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 173

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...as would create a presumption of such knowledge, and third, a lack of knowledge on the part of plaintiff of such defect. Traner v. Mining Co., 148 S. W. 70; Beach, Contributory Negligence, sec. 140; Schall v. Cole, 107 Pa. St. 1; Week v. Mill Co., 29 Pac. 215; Steinhauser v. Spraul, 127 Mo. 562; Lucey v. Oil Co., 129 Mo. 40; Epperson v. Cable Co., 155 Mo. 346; Glasscock v. Dry Goods Co., 106 Mo. App. 657. (2) On plaintiff 's testimony the machine used by him was so obviously dangerous that injury was inevitable as he operated it and in continuing its use he assumed the risk. Holmes v. Brandenbaugh, 172 Mo. 65; Huhn v. Railroad, 92 Mo. 447; Soeder v. Railroad, 100 Mo. 681; Holloran v. Iron Co., 133 Mo. 476. (3) It is the duty of the plaintiff in the operation of the machine to adopt that method of removing sheets which was safe rather than the dangerous method, else he is guilty of contributory negligence. Newport News Co. v. Beaumeister, 47 S. E. 823; Streets Ex'x v. Railroad, 45 S. E. 285; Powers v. Gas & Electric Co., 42 S. E. 296; Larson v. Knapp, Stout & Co., 73 N. W. 992; Whaley v. Coleman, 112 Mo. App. 594; Railroad v. Swift, 72 N. E. 740; Richmond & D. R. Co., v. Bivens, 15 So. 517; Lucey v. Oil Co., 129 Mo. 41; Smith v. Box Co., 193 Mo. 733, 92 S. W. 394; Traner v. Mining Co., 148 S. W. 73. (4) Where a master has promulgated a rule to govern the conduct of employees and a servant with notice violates it and as a result is injured he cannot recover; or if his injuries are the result of disobedience of orders he is guilty of contributory negligence. 2 Bailey Pers. Inj., p. 1369; Mattrass Co. v. Ostergard, 99 N. W. 2295; Crawford v. Railroad, 64 S. E. 590; Stewart v. Carpet Co., 50 S. E. 562. George Pepperdinc...show more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236944011
  • 9781236944016