Jackson v. æTna Bricklaying & Construction Co.
| Decision Date | 02 May 1933 |
| Docket Number | No. 22518.,22518. |
| Citation | 59 S.W.2d 705 |
| Court | Missouri Court of Appeals |
| Parties | JACKSON v. ÆTNA BRICKLAYING & CONSTRUCTION CO. et al. |
Appeal from St. Louis Circuit Court; James F. Green, Judge.
"Not to be published in State Reports."
Proceeding under Workmen's Compensation Act by Elijah Jackson, claimant, opposed by the Ætna Bricklaying & Construction Company, employer, and the Maryland Casualty Company, insurer. From judgment affirming award of Workmen's Compensation Commission in favor of claimant, employer and insurer appeal.
Reversed and remanded with directions.
John G. Burkhardt and R. L. Swann both of St. Louis for appellants.
B. T. Mattingly, L. A. Robertson, and A. A. Alexander, all of St. Louis, for respondent.
This is an appeal from a judgment of the circuit court of the city of St. Louis which affirmed an award of the Workmen's Compensation Commission in favor of respondent (employee) in the sum of $20 per week for forty weeks, based on permanent partial disability.
The employer and its insurer (appellants) contend that there is not sufficient competent evidence in the record to support the award of the commission, wherein the employee was granted compensation for the loss of his left testicle.
The evidence disclosed that respondent (employee) was employed by appellant employer as a hodcarrier and that on November 6, 1931, while he was carrying a hod, loaded with bricks, in the basement of the nurses' home then under construction in the city of St. Louis, he stepped on the edge of a plank under which the dirt gave way, causing him to fall in a ditch or trench.
With respect to the exact manner in which he received the injury, respondent (employee) testified:
The evidence further disclosed that on the day mentioned respondent had been carrying hods loaded with bricks, from 8 o'clock in the morning until the accident took place at about 3 o'clock in the afternoon; that immediately following the accident respondent was unable to continue his work because of the sharp pain in his left groin. He tried to make what he called "a couple more runs" but said he "couldn't make it." He left the job about 4:30 in the afternoon and he and a fellow hodcarrier named John Lacy went to respondent's home together in a car. Respondent testified that the sharp pain continued hurting him in his stomach, and that about 9:30 that evening he noticed a small knot on his left groin and thereafter became sick and vomited. Respondent's friend Lacy, seeing respondent's condition late that evening, called the police, who called an ambulance and had respondent taken to St. Louis City Hospital No. 2, arriving at the hospital shortly after midnight. Respondent further testified that an operation was performed on him at the hospital the next morning; that he remained in the hospital until he was discharged on December 2, 1931; that he had never had any trouble with his left groin, nor any rupture therein prior to the injury received on November 6, 1931, although he did have a rupture on the right side eighteen or twenty years before. He said that prior to the operation on November 7, 1931, both testicles were present, but after he left the hospital his left testicle was missing.
John Lacy, respondent's neighbor and fellow hodcarrier, testified that he was at the nurses' home where respondent was working on the day of the accident, and that about 3 o'clock in the afternoon respondent asked him to "make a round or two" for him; that respondent told him he had stepped in a hole in the basement and had hurt his stomach. This witness testified that on the evening of the same day he called the police to respondent's home, and that the police called an ambulance to take respondent to the hospital. He said that he called the police because he saw respondent was in so much pain that he did not know what to do for him; that respondent complained of severe pain in his stomach and showed the witness where the pain was located and that it looked like a knot about the size of an egg.
Dr. H. C. Buster, who was called as a witness for respondent, testified that he made an examination of respondent in the hospital on the morning of November 7, 1931; that respondent complained to him of pain in the left inguinal region; that his examination of that region disclosed an indirect inguinal hernia; that he also examined respondent's right side and found a rupture there.
In answer to a hypothetical question embodying facts as to the manner in which respondent had fallen in the ditch, Dr. Buster testified that in his opinion the condition of respondent's left groin might have been caused as the result of respondent's fall in the ditch. He described the condition from which respondent was suffering, at the time he examined him at the hospital, as an incarcerated hernia, which he defined as "one with a partly strangulating gut." This incarcerated hernia, he said, was on respondent's left side. He also found a hernia on respondent's right side, which he described as "an oblique or indirect hernia." He testified that he performed an operation on respondent's right side at the same time that an operation was performed on respondent's left side by Dr. Robinson. These operations, he said, were performed on the morning of November 7, 1931. He further testified that the partly strangulated hernia on respondent's left side was "sufficiently large so that the bulging was about the size of a hen's egg."
Respondent remained in the hospital after the operations until December 2, 1931, when he was discharged. The hospital record which was introduced in evidence by appellants as "Employer's Exhibit A," showed that at the time of respondent's discharge from the hospital the "wound on left side drains a small amount of serous fluid." This record, which did not include the operating room chart, showed, among other entries, the following concerning respondent's condition and treatment:
Dr....
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