Rittel v. E. E. Souther Iron Co.

• Decision Date: 19 November 1907
• Citation: 105 S.W. 662,127 Mo. App. 463
• Parties: RITTEL v. E. E. SOUTHER IRON CO.
• Court: Missouri Court of Appeals

105 S.W. 662

127 Mo. A. 463

RITTEL v. E. E. SOUTHER IRON CO.

St. Louis Court of Appeals. Missouri.

November 19, 1907.

1. MASTER AND SERVANT—INJURY TO EMPLOYÉ —ACTION—QUESTION FOR JURY.

Evidence, in an action for injury to an employé caused by a drop hammer falling on his hand, held, sufficient to warrant submitting an issue as to the sufficiency of an overhead drum, which was covered with rosin and filled with water to keep the rosin cool, so that it would not become slippery from friction of the rope extending over the drum and used in operating the hammer, thus preventing the operator from holding the hammer in place.

2. DAMAGES—LOSS OF EARNING POWER—EVIDENCE—SUFFICIENCY.

In a personal injury action, an issue as to plaintiff's diminished earning capacity was properly submitted, where it appeared he had lost his right forefinger and part of the first joint of his thumb, had done no work from July 27th to January 22d, had previously earned $9 a week, and will be unable to do the same kind of work he had been doing.

3. APPEAL—REVIEW—EXCESSIVE VERDICTS.

If an appellate court considers an award of damages excessive, it must correct the verdict or reverse the judgment.

4. DAMAGES—PERSONAL INJURIES—EXCESSIVE VERDICT.

A recovery of $4,500 was excessive by $1,500, where a laborer 20 years old, and earning $9 a week, lost his right forefinger and part of the first joint of his thumb; there being no proof of medical expense, though a surgeon's services were shown, and no proof that he was unable to work between July 27, 1906, and January 22, 1907, though he did not work during that period.

Appeal from Circuit Court, St. Louis County; Chas. Claflin Allen, Judge.

Personal injury action by Arthur Rittel against the E. E. Souther Iron Company. From a judgment for plaintiff, defendant appeals. Affirmed on condition remittitur is entered; otherwise reversed and remanded.

McKeighan & Watts and W. R. Gentry, for appellant. A. R. & Howard Taylor, for respondent.

GOODE, J.

This is an action to recover damages for a personal injury sustained by plaintiff while in the employ of defendant company. The accident occurred July 27, 1906; plaintiff being at the time 21 years of age. He had been in defendant's employ about three months, and was working most of the time on what was called a "drop hammer." The implement was also called a "power hammer"; but we gather from the record that, at the time of plaintiff's injury, it was raised and lowered by a co-employé by means of a rope, but perhaps with the aid of steam power. The matter of how the hammer was operated is a trifle obscure. It was a ponderous implement, weighing 1,500 or 1,600 pounds, and was set in an iron or steel framework, and moved up and down between two upright and parallel pillars. A rope was attached to a ring in the top of the hammer and carried around an overhead drum. The end of the rope hung down, and by it plaintiff's fellow workman raised and lowered the hammer. This drum was kept covered with rosin, and, as we understand, was hollow inside and filled with water intended to keep the rosin cool, so that it would not get hot and slick from the friction of the rope. The evidence shows that if it grew slick the rope would slip over the surface of the drum, and the hammer could not be held in place by the man who handled the rope. The hammer could be raised and lowered about 18 inches and dropped on a heavy iron anvil or platform. It was used to press out pieces of galvanized and sheet iron. The operator of the hammer at the time of plaintiff's injury was a co-servant, John Hoffman. Hoffman stood in front and on the north side of the machine, and plaintiff behind, or on the south side. Hoffman would put a piece of sheet iron in place, then raise the hammer about 18 inches, and let it drop on the iron and raise it again. When it was raised it was the duty of plaintiff, by using a little piece of iron about 5 inches long and 1½ thick, to take the iron which had been pressed off the die or anvil. Hoffman would pull on the rope, whereupon the hammer would go up about 18 inches in the grooves in the pillars on either side, and at said elevation certain catches or clutches, one on each side, would catch and hold the hammer in place; pretty much, we understand, as the clutch or spring of an umbrella...