Shaw v. Bambrick-Bates Construction Co.

Decision Date17 November 1903
Citation102 Mo. App. 666,77 S.W. 96
CourtMissouri Court of Appeals
PartiesSHAW 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.

REYBURN, J.

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: "Plaintiff, for his cause of action, states that defendant is and was at the time hereinafter stated a corporation existing under the laws of the state of Missouri, and liable to suit as such in the courts of this state, and engaged in the quarrying of stone within the corporate limits of the city of St. Louis, at a quarry fronting on Laclede avenue, in said city. Plaintiff further states that he was employed by defendant, prior to and on November 14, 1900, in quarrying stone at the bottom of said quarry, some seventy (70) feet below the natural surface of the ground, and was exercising due care, and that defendant used a steam derrick and chain, with a large truck or box attached thereto, to raise from the quarry the stone gotten by plaintiff and other workmen; that the agents or servants of defendant in charge of said quarry on above date carelessly, negligently, and wantonly, and without notice to plaintiff, who was at the time engaged in loading said truck with stone at the bottom of said quarry, started defendant's engine, and caused said truck or box as aforesaid to be suddenly raised and shifted, thereby striking plaintiff and throwing him against the wall of said quarry, and crushing his body, feet, and arms, breaking his ankle, and causing internal injuries; that, as a result of said defendant's said carelessness, negligence, and wanton acts, plaintiff is permanently...

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12 cases
  • Guthrie v. Gillespie
    • United States
    • United States State Supreme Court of Missouri
    • 18 Mayo 1928
    ...... scaffold before this particular work began and plaintiff had nothing to do with the construction of the scaffold, and the plaintiff and Swope were not fellow-servants as to the work of ...39 C.J. 939; Higgins v. Mo. Pac. Ry. Co., 104 Mo. 413; Shaw v. Constr. Co., 102 Mo. App. 666; McGowan v. Railroad, 61 Mo. 528; Blessing v. Railroad, 77 Mo. ...& N. Ry. Co., 77 Mo. 410, 413; Sheehan v. Prosser, 55 Mo. App. 569, 574; Shaw v. Bambrick-Bates Const. Co., 102 Mo. App. 666, 671; Ryan v. Christian Board of Publication (Mo. App.), 199 S.W. ......
  • Guthrie v. Gillespie
    • United States
    • United States State Supreme Court of Missouri
    • 18 Mayo 1928
    ...... particular work began and plaintiff had nothing to do with. the construction of the scaffold, and the plaintiff and Swope. were not fellow-servants as to the work of ...39 C. J. 939; Higgins v. Mo. Pac. Ry. Co., 104 Mo. 413;. Shaw v. Constr. Co., 102 Mo.App. 666; McGowan v. Railroad, 61 Mo. 528; Blessing v. Railroad, 77. ... Ry. Co., 77 Mo. 410, 413; Sheehan v. Prosser, . 55 Mo.App. 569, 574; Shaw v. Bambrick-Bates Const. Co., 102 Mo.App. 666, 671; Ryan v. Christian Board. of Publication (Mo. App.), 199 S.W. ......
  • Nelson v. Heine Boiler Co.
    • United States
    • United States State Supreme Court of Missouri
    • 13 Septiembre 1929
    ......569; Relyea v. Railroad Co., 112 Mo. 86; Van Bibber v. Swift & Co., 286 Mo. 317; Shaw v. Bambrick-Bates Const. Co., 102 Mo.App. 666; Lewis v. Car & Foundry. Co., 3 S.W.2d 282. (4) ......
  • Thomas v. American Sash & Door Co.
    • United States
    • United States State Supreme Court of Missouri
    • 11 Febrero 1929
    ......Co., 211 Mo.App. 526; McIntyre v. Tebbetts, 257 Mo. 117; Hawk v. McLeod, 166 Mo. 121; Shaw v. Bambrick-Bates Cons. Co., 102 Mo.App. 666; Wuellner v. Planing Mill Co., 303 Mo. 38;. ... work. This is too narrow a construction of the evidence. Barnickel's authority was not so limited. When the. general foreman, Kimes, put ......
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