Missouri Appeal Reports Volume 188

Missouri Appeal Reports Volume 188

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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: ...a recovery without requiring the jury to find such specific negligence is erroneous. 7. INSTRUCTIONS: Erroneous instructions: Aider by Other instructions. An instruction which is erroneous because of its generality may be rendered harmless when construed in connection with the other instructions. Appeal from Dunklin Circuit Court.--Hon. W. S. C. Walker, Judge. REVERSED AND REMANDED. Fort cfi Zimmerman for appellant. ( 1) The court erred in overruling defendant's demurrer to the evidence at the close of plaintiff 's case and at the close of all the evidence in the case--(a) There is no evidence that the water had been down long enough to clean off the yard, or that the end of the plank with the protruding nail was sufliciently exposed to become noticeable, without the exercise of extraordinary care on the part of defendant. (b) Because there is no evidence that the water had been down long enough for defendant to discover such pieces of plank, as the exposed board in evidence, the water still standing in the low parts of the yard. (c) Biecause plaintiff assumed the risk of being injured on the piling yard in the manner charged in his petition, and because the danger of stepping upon a nail while working upon said pole and piling yard, or of being injured by a piece of plank or wood which might float upon defendant's yard from the woods, was a danger incident to plaintiff's employment and assumed by him. Wendall v. Railroad, 75 S. W. 689; Brandt v. Kansas City Breweries Co., 159 Mo. App. 568; Harris v. Railroad, 146 Mo. App. 524; Jordan v. Railroad, 136 Mo. App. 192; Jones v. Pioneer Cooperage Co., 134 Mo. App. 324; Saversnick v. Sehwatzchild 8.--Sulzberger, 141 Mo. App. 513; R-igsby v. Oil Well Sup. Co., 165 Mo....
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236949242
  • 9781236949240