Shaw v. Bambrick-Bates Construction Co.
Decision Date | 17 November 1903 |
Citation | 102 Mo. App. 666,77 S.W. 96 |
Court | Missouri Court of Appeals |
Parties | SHAW v. BAMBRICK-BATES CONSTRUCTION CO.<SMALL><SUP>*</SUP></SMALL> |
Appeal from St. Louis Circuit Court; Jesse A. McDonald, Judge.
Action by John Shaw against the Bambrick-Bates Construction Company. From a judgment in favor of plaintiff, defendant appeals. Reversed.
T. J. Rowe, for appellant. W. H. O'Brien and B. R. Brewer, for respondent.
Action for damages for personal injuries suffered by plaintiff in November, 1900, while in employ of defendant as a quarryman. Plaintiff, with three other workmen, was engaged in loading rock in a box in defendant's quarry at Forest Park Boulevard and Grand avenue, in the city of St. Louis. The box was fastened by three chains to the boom of the derrick, and could not be raised until the three chains were properly attached and adjusted. The derrick was on the bank above, and was operated by a steam engine stationed about 28 feet southeast of the quarry bank. The rock was loaded into the box down in the quarry about 35 or 40 feet below the bank where the derrick and engine operating it were located; the engine being, as stated, about 28 feet back from the quarry bank. Thus the engineer in charge of the engine could not see the men in the quarry filling the box, nor could these workmen see the engineer; and therefore another workman, variously designated as derrick foreman by plaintiff, and by others derrickman or side-line man, was stationed at the top of the bank, whose duty it was to look over and notice when the box was filled, and then signal the engineer to hoist it to the top of the bank, when the same workman dumped its contents into the crusher, which was about 15 or 20 feet from the bank. The proof also showed that at times one of the workmen below signaled to or called to the attention of the man on the bank that the box was prepared to be hoisted. Plaintiff had been employed at the quarry for nearly five months, and on the morning in question the box had been lowered and filled with stone, and then, weighing about a ton, was begun to be suddenly hoisted, and plaintiff was caught between the wall of the quarry and the box, and received the hurts complained of.
Plaintiff's cause of action was thus pleaded: ...
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