Tallman v. Nelson

Citation141 Mo. App. 478,125 S.W. 1181
PartiesTALLMAN v. NELSON.
Decision Date21 February 1910
CourtCourt of Appeal of Missouri (US)

Appeal from Circuit Court, Jackson County; Thos. J. Seehorn, Judge.

Action by Walter L. Tallman against William R. Nelson. From a judgment for plaintiff, defendant appeals. Reversed, and cause remanded.

Warner, Dean, McLeod & Timmonds, for appellant. Oldham & James, for respondent.

ELLISON, J.

Plaintiff was engaged in defendant's service as a driver of one of his wagons in Kansas City. He alleges that the wagon had a defective axle, in that the spindle was cracked, by reason of which it broke down, throwing him to the street and injuring him. He recovered judgment in the trial court.

Defendant is the owner and publisher of the Kansas City Star, an evening newspaper published in Kansas City. As such publisher, he maintains a number of wagons and drivers to transport the papers to railway trains to be carried to distant places where the paper circulates. On the day plaintiff was hurt, it became his duty to drive a load of papers from the defendant's publishing office, at the corner of Eleventh street and Grand avenue, over the streets of the city, to the union station, a distance of about a mile. The papers were to be put upon three trains leaving the city, one at 4:25 p. m. and two at 4:30 p. m., and when he received them into the wagon of which he was the driver he had 16 minutes in which to get to the station and unload the papers before the departure of the trains. On the way it was necessary that he turn several corners of streets and cross several street car tracks. This somewhat impeded his trip, or "run," as it was called by some of the witnesses, and made it necessary, in order to reach the station in time, for him to go much faster than ordinary street travel at places where there was no hindrance of the nature just stated. After he had gotten perhaps halfway to the station and was going at rapid speed, the spindle of the axle of one of the rear wheels broke off, and the wagon dropped, throwing plaintiff to the street and inflicting the injury of which he complains.

At the close of the trial a peremptory instruction was asked directing a verdict for defendant, and it was refused. The question, therefore, is: Did plaintiff make out a case sufficient to justify submission to the jury? It is a fundamental rule governing controversies between master and servant in personal injury cases that the former must make such reasonable endeavor as an ordinarily prudent and careful man would make to furnish the latter with reasonably safe appliances and a reasonably safe...

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26 cases
  • Look v. French, 36843.
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1940
    ......Stoner v. Royar, 200 Mo. 444, 98 S.W. 601; Tallman v. Nelson, 141 Mo. App. 478, 125 S.W. 1181; 5 C.J.S., sec. 1753, pp. 1060-1064. (2) The offered testimony by the witness Janet Look, as to the ......
  • McCormick v. Lowe and Campbell Ath. Goods Co.
    • United States
    • Court of Appeal of Missouri (US)
    • September 16, 1940
    ......Supp. 1006; White v. General Chem. Co., supra ; Healey v. Trodd (N.J.), 7 Atl. (2d) 640; Gutridge v. Mo. Pac., 105 Mo. 520, 16 S.W. 943; Tallman v. W.R. Nelson, 141 Mo. App. 478, 125 S.W. 1181; Ruch v. Pryor (Mo. App.), 199 S.W. 750; Hach v. Railroad, 117 Mo. App. 11, 93 S.W. 825; Rumetsch v. ......
  • Look v. French
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1940
    ...... the issue of mental capacity. Stoner v. Royar, 200. Mo. 444, 98 S.W. 601; Tallman v. Nelson, 141 Mo.App. 478, 125 S.W. 1181; 5 C. J. S., sec. 1753, pp. 1060-1064. (2). The offered testimony by the witness Janet Look, as to the. ......
  • Indiana Union Traction Co. v. Long
    • United States
    • Supreme Court of Indiana
    • November 28, 1911
    ......Hannibal, etc., R. Co., 37 Mo. 240, 262, 90 Am. Dec. 382, 387;Henry v. Grand, etc., R. Co., 113 Mo. 525, 537, 538, 21 S. W. 214, 216;Tallman v. Nelson, 141 Mo. App. 478, 486, 125 S. W. 1181, 1184;Grant v. Union Pac. R. Co. (C. C.) 45 Fed. 673, 683;Melville v. Missouri, etc., R. Co. (C. C.) ......
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