Chapman v. Bertha A. Mining Co.

• Decision Date: 07 January 1914
• Citation: 162 S.W. 648,177 Mo. App. 264
• Parties: CHAPMAN v. BERTHA A. MINING CO.
• Court: Missouri Court of Appeals

162 S.W. 648

177 Mo. App. 264

CHAPMAN v. BERTHA A. MINING CO.

Springfield Court of Appeals. Missouri.

January 7, 1914.

1. MASTER AND SERVANT (§ 256)—INJURY TO SERVANT—PETITION—SUFFICIENCY.

A petition in an action for injuries to an employé while throwing a belt off a pulley while the machinery was in motion, which alleged that the belt 12 inches wide had been spliced with a belt 10 inches wide, creating an unevenness, and that, while the employé was endeavoring to throw off the belt by means of an iron bar, the belt caught the bar and struck him, states a cause of action when first attacked after verdict.

2. MASTER AND SERVANT (§ 278)—INJURY TO SERVANT—EVIDENCE—SUFFICIENCY.

In an action for injuries to an employé while throwing a belt off a pulley while the machinery was in operation, evidence held to sustain a finding of actionable negligence, based on the fact that there was an offset in the belt which caught the iron bar in the employé's hands and caused the injury complained of.

3. MASTER AND SERVANT (§ 125)—INJURY TO SERVANT—LIABILITY OF MASTER.

Where an employer could, by the exercise of ordinary care, know of a defect in an appliance causing injury to an employé, want of knowledge on the employer's part of the defect did not relieve him from liability.

4. MASTER AND SERVANT (§ 270)—INJURY TO SERVANT—EVIDENCE—ADMISSIBILITY.

Where, in an action for injuries to an employé caused by a defective belt, there was evidence that the belt was in the same condition when observed by a witness several days after the accident as it was at the time of the accident, the testimony of the witness as to the condition of the belt several days after the accident was admissible.

5. DAMAGES (§ 208)—PERSONAL INJURIES— ISSUES.

Where, in an action for injuries to an employé, struck by an iron bar on the left side of his head, there was evidence that the employé was thrown by the blow five feet and that his hearing became considerably more defective, if not totally lost, and that his eyes were affected by reason of the injury, the question of permanent injury was properly submitted to the jury.

Appeal from Circuit Court, Jasper County; D. E. Blair, Judge.

Action by T. H. Chapman against the Bertha A. Mining Company. From a judgment for plaintiff, defendant appeals. Affirmed.

R. M. Sheppard, of Joplin, R. F. Stewart, of Webb City, and J. P. McCammon, of Springfield, for appellant. R. A. Mooneyham, of Carthage, for respondent.

ROBERTSON, P. J.

Plaintiff obtained a judgment against the defendants in the circuit court for $250 on account of personal injuries received at the mining plant of the defendant on or about September 11, 1912, and the defendant has appealed.

As grounds for his recovery, plaintiff alleged that he was what is called a helper to the jig man in defendant's mill when the foreman therein directed and ordered him to throw a certain belt off of a pulley while the machinery was in operation; that the belt was 12 inches in width and had been spliced with a piece of belting of the width of about 10 inches, so that there was an offset and unevenness in the belt, and that while endeavoring to throw said belt off by means of an iron bar, the only accessible instrument therefor, the belt caught the bar in such a manner as to cause it to strike him on the left side of his head and on his left ear and jaw, bruising his face and destroying the hearing in his left ear, for which he asked damages in the sum of $5,000. The trial was to a jury.

It is insisted by the appellant here that the petition does not state facts sufficient to constitute a cause of action; that the allegation of negligence in the petition, which was submitted to the jury under instructions,...