Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 189

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 189

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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. 1915 edition. Excerpt: ...He had not dug in this trench, nor was he an experienced trench digger. And the fact that he had walked over the surface of the ground in that vicinity for six years would not furnish him with the requisite knowledge of the liability of the earth to cave in on the side of a trench, any more than would our occupancy and use of the courthouse give us knowledge that it was likely to collapse without warning. As hereinbefore shown, the evidence justifies a finding that the master was negligent in ordering the servant to work in the trench without taking any precautions to keep the dirt from falling. The Missouri rule in reference to assumption of risk is that if the injury arises out of the negligence of the master, then knowledge of conditions on the part of the servant will not bar him of recovery on the ground of assumption of risk. If the danger was so great that the servant could not hope to escape injury by the exercise of reasonable care, then he will be guilty of contributory negligence and be debarred from recovery on that ground. But if the danger is not so glaring and imminent as this, then, even if the servant has knowledge of the situation, he does not assume the risk arising from the master 's negligence. Fish v. Chicago, Rock Island & Pacific Ry. Co., 172 S. W. 340, l. c. 346. The danger, in the case at bar, was not so imminent and glaring that no person of ordinary intelligence and care would have refused to work therein. The facts do not conclusively show such to be the case. This being so, he was not guilty of contributory negligence as matter of law; and, since the master was negligent in directing the servant to work in the ditch without taking precautions for his safety, he cannot be debarred from recovery more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • English
  • Illustrations, black and white
  • 1236837703
  • 9781236837707