78 Mo. 559 (Mo. 1883), Aldridge's Adm'r v. Midland Blast Furnace Co.

Citation:78 Mo. 559
Opinion Judge:HENRY, J.
Party Name:ALDRIDGE'S ADM'R v. THE MIDLAND BLAST FURNACE COMPANY, Appellant.
Attorney:A. & J. F. Lee, Jr., for appellant. Smith & Krauthoff and L. Judson for respondent.
Court:Supreme Court of Missouri
 
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Page 559

78 Mo. 559 (Mo. 1883)

ALDRIDGE'S ADM'R

v.

THE MIDLAND BLAST FURNACE COMPANY, Appellant.

Supreme Court of Missouri.

October Term, 1883

Appeal from Phelps Circuit Court. --HON. H. V. B. HILL, Judge.

REVERSED.

A. & J. F. Lee, Jr., for appellant.

Smith & Krauthoff and L. Judson for respondent.

HENRY, J.

This is an action brought in the circuit court of Dent county by E. N. Aldridge against the Midland Blast Furnace Company, for personal injuries received by him June 23rd, 1877, while working in an iron-ore bank of defendant, in Dent county. The cause was removed by change of venue to Phelps county, and the trial begun on plaintiff's amended petition. The amended petition stated that while plaintiff was at work by defendant's direction in the Millsap bank at the foot of an embankment or wall of earth, four feet back from the face of which was a crevice partially separating the embankment from the body of the surrounding earth, the embankment fell upon and injured him by reason of defendant's failure to secure it by the use of shores or props; that plaintiff was ignorant of the crevice and defendant was not. The answer was a general denial, and a special defense of compromise and satisfaction of plaintiff's demand by the payment of $150 to him by defendant, which he accepted in full satisfaction of all demands on account of the injuries received by him. On a trial plaintiff had judgment for $500, from which defendant has appealed.

It was admitted that defendant was the owner of the Millsap bank, and that F. C. Griffin was the agent and vice-principal of defendant; that the business of mining is dangerous and hazardous. The evidence for plaintiff tended to prove that he was employed to work at said bank about three days before the accident, but had not worked upon the embankment before that day, and only an hour before it caved in on him; that he was employed as a miner by Griffin, and directed by him to assist in shoveling dirt near the foot of the embankment, undermining it, in order to cause it to fall into the excavation, and plaintiff knew the object in undermining it. At the time Griffin ordered plaintiff to work, there was a blind seam of ??lay four feet back from said face, in which there was a crevice or crack four inches wide and running parallel with said face for its whole length to a point separating said bank from the adjacent earth, which increased the danger of operating said mine; it was known to Griffin and unknown to plaintiff. Griffin was not in the cut nor on the bank from the time he ordered plaintiff to begin work until after plaintiff was injured.

Hicks, a...

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