Jackson v. Gulf Elevator Co.

• Citation: 108 S.W. 44,209 Mo. 506
• Parties: JACKSON v. GULF ELEVATOR CO.
• Decision Date: 26 February 1908
• Court: United States State Supreme Court of Missouri

108 S.W. 44

209 Mo. 506

JACKSON v. GULF ELEVATOR CO.

Supreme Court of Missouri, Division No. 1.

February 26, 1908.

MASTER AND SERVANT — MASTER'S LIABILITY FOR INJURIES TO SERVANT — CAUSE OF INJURY.

Though the light in the room in which an employé was working was poor and he had complained thereof to the employer's superintendent and the superintendent failed to give him more light as he promised, yet, where it does not appear how that fact had anything to do with or contributed to the employé's injury, which was due to his hand getting caught in the corn grinder he was operating, the employer is not liable.

Appeal from Circuit Court, Jackson County; J. H. Slover, Judge.

Action by Ralph W. Jackson against the Gulf Elevator Company. Judgment for plaintiff, and defendant appeals. Reversed.

The plaintiff instituted this suit in the circuit court of Jackson county against the defendant to recover the sum of $25,000 damages sustained by him in consequence of personal injuries received through the alleged negligence of the latter. The petition, in substance, alleged that on August 19, 1904, the plaintiff was in the employ of the defendant, and was operating what was known as a "corn grinder," in the second story of a building belonging to the defendant, and that the building was without windows, except certain small windows at the top, and that the light admitted was dim and insufficient to properly light the building so that plaintiff could see to properly perform his duties. That he made complaint of the insufficiency of the light and objected to working with it, and requested defendant to furnish more light and construct more windows. That it promised to do so, and failed to do so. That on account of the insufficiency of light the plaintiff was injured while operating the machine, to wit, the corn-grinding machine. That he got his left hand caught in the moving machinery inside the grinding mill and so mashed and bruised that it had to be amputated at the wrist. The answer was a general denial, a plea of negligence on the part of the plaintiff, and the assumption of risk.

The facts of this case are but few and are undisputed, as disclosed by this record. The defendant was engaged in the elevator and grain business at Kansas City. It maintained and operated a corn grinder in one of its buildings, which was poorly lighted. The plaintiff was an employé of the defendant, whose duty it was to operate that grinder. The machine was designed to grind corn by a system of cylinder rollers, which were propelled by steam power, and revolved inside of the machine. In dimensions it was about 4½ feet square, and stood on the floor, and was about 5 feet in height, on top of which stood a hopper, into which the corn was placed and fed into the machine. It was made of steel, except the sides and top, which were made of wood. The corn was to be ground into chop for coarse feed. The corn ran down through the hopper onto the rollers, and was by them mashed and ground. In front of the machine, and at a point midway thereof and at about the height of a man's waist, there was a small door, about 6 by 14 inches square, opening into the machine, which could be opened or closed by the operator at will. There were three sets of rollers inside of the machine. One pair was near the bottom of the hopper; below that set some 2 feet was another pair, which are from 12 to 14 inches below the lower edge of the door and some 8 or 10 inches removed back from the door; and still further removed is the third pair, which have...