Davidson v. Riley

• Decision Date: 17 February 1927
• Docket Number: No. 4890.,4890.
• Citation: 17 F.2d 345
• Parties: DAVIDSON et al. v. RILEY et al.
• Court: U.S. Court of Appeals — Fifth Circuit

17 F.2d 345 (1927)

DAVIDSON et al. v. RILEY et al.

No. 4890.

Circuit Court of Appeals, Fifth Circuit.

February 17, 1927.

S. L. Gwin and C. B. Snow, both of Greenwood, Miss., and F. E. Everett and J. M. Forman, both of Indianola, Miss., for plaintiffs in error.

R. C. McBee, of Greenwood, Miss., and Grover McCormick, of Memphis, Tenn., for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit against the employers of Earl Davidson to recover damages for his death, which it is alleged was caused by their negligent failure to provide him a safe place to work. At the close of plaintiffs' evidence, the trial court ruled that it was insufficient to prove the negligence alleged, and directed a verdict for defendants. Plaintiffs assign error, and seek to reverse the judgment entered on that verdict, upon the ground that the evidence submitted by them was sufficient, prima facie and unexplained, to sustain a verdict and judgment in their favor.

Defendants had a contract for the construction of a highway bridge across the Yazoo river. In order to provide a place for workmen to stand while they were engaged in driving rivets in the steel superstructure, a platform was swung from one side of the bridge to the other, about 35 feet above the floor, and made fast by ropes attached at each end to overhead beams on each side of the bridge. The sills or supports of the platform consisted of 3-inch iron pipe placed about 8 feet apart, upon which plank were laid crosswise, and held in place by pegs or pins on both sides of each pipe. The platform was 32 feet long, and at least one of the pipes used as a sill or support was made up of two pieces, which were joined together, at or near the middle, by cutting threads in the ends and screwing them into a cuff or sleeve. It was built under the supervision of defendants, and had been in use for about 10 days, during which time three riveters had been working on each side of the bridge and at each end of the platform. The bridge was 28 feet wide, so that the ropes which held up the platform were tied to it 2 feet away from the ends, thus making an unsupported span of 28 feet.

Davidson, the deceased, took the place of one of the riveters on the morning of his death. While he and the other two members of his crew were preparing to move the platform, and after they had taken out the pegs or pins which held the planks in position, Davidson approached the middle portion of the platform, and when he did so the threads which held the two joints of pipe together...