Barnicle v. Connor

• Citation: 81 N.W. 452,110 Iowa 238
• Parties: J. K. BARNICLE v. A. H. CONNOR & CO., Appellants
• Decision Date: 18 January 1900
• Court: United States State Supreme Court of Iowa

81 N.W. 452

110 Iowa 238

J. K. BARNICLE v. A. H. CONNOR & CO., Appellants

Supreme Court of Iowa, Des Moines

January 18, 1900

Appeal from Cedar Rapids Superior Court.--HON. T. M. GIBERSON Judge.

ACTION at law to recover for personal injuries. Judgment for plaintiff. Defendants appeal.

Reversed.

Powell & Harmon for appellants.

Jamison & Smyth for appellee.

SHERWIN J. GRANGER, C. J., not sitting.

OPINION

SHERWIN, J.

The plaintiff is a carpenter, and was employed by the defendants to work on a building they were erecting. While helping to move a large iron column, he was injured. The negligence complained of is charged in the petition in substantially the following language: "The plaintiff was holding the column, when Homer Wells, the foreman of the defendants, undertook to take his place in holding the column, and commanded the plaintiff to let go of it, and get the cleats. The plaintiff obeyed said command, and let go of the column, when the defendants negligently and carelessly allowed or permitted the column to roll and fall, and it struck plaintiff, and knocked him down, falling on his legs injuring both of them, and crushing the left leg to such an extent and in such a manner as to permanently cripple and disable the plaintiff." The defendants were building contractors, and were engaged in erecting a large building at Cedar Rapids, Iowa. One Homer Wells was employed by them. He was a carpenter, and was the foreman of the carpenter force at work on the building in question. The plaintiff and the other carpenters were under his direction and control as to their work, but he had no power to hire or discharge them. He was present, directing and assisting in the movement of the column which inflicted the injury to the plaintiff. The plaintiff, in his testimony, says that quite a number of persons assisted in that work, and that he and Mr. Wells put the dolly under the column, and that immediately thereafter Mr. Wells directed him to block the column, so that it would not roll; that he (plaintiff) told Mr. Wells that it would roll if he let go of it, and that Mr. Wells then took hold of the column with both hands, and said, "Go, and do as I told you;" that the plaintiff then let go, and just as he was turning around, the column rolled and struck him. The defendants are not charged with furnishing improper or imperfect machinery or material for the work in question; nor are they charged with negligence in the employment of Wells. The...