Shinners v. Mullins

• Decision Date: 01 March 1909
• Citation: 136 Mo. App. 298,117 S.W. 91
• Parties: SHINNERS v. MULLINS.
• Court: Missouri Court of Appeals

117 S.W. 91

136 Mo. App. 298

SHINNERS v. MULLINS.

Kansas City Court of Appeals. Missouri.

March 1, 1909.

1. MASTER AND SERVANT (§ 101) — DUTY TO FURNISH SAFE APPLIANCES — NEWEST AND SAFEST APPLIANCES.

A master is not bound to furnish any particular appliances, nor the newest and best ones, his duty being performed when he furnishes those of reasonable safety; and where a master provided for the lowering of brick into a sewer by a rope tied around them, which was a method in general use and reasonably safe, he was not liable for injuries to a workman in the sewer because of his failure to provide iron boxes for that purpose, though they would have been safer.

2. MASTER AND SERVANT (§ 279) — INJURIES TO SERVANT — NEGLIGENCE OF FELLOW SERVANT — EVIDENCE.

Evidence held to show that an injury to an employé was the proximate result of a fellow servant's negligence.

Appeal from Circuit Court, Jackson County; John G. Park, Judge.

Personal injury action by Cornelius Shinners against William C. Mullins. Judgment for plaintiff, and defendant appeals. Reversed.

Pierre R. Porter, for appellant. Henry J. Latschaw, for respondent.

BROADDUS, P. J.

This is an action for damages for injuries plaintiff sustained to his person while working for defendant. The plaintiff, an experienced brick mason, was injured, while he was standing in a sewer which was being constructed by defendant, by a brick which fell from a quantity of bricks and which hit him on the top of the head, causing a severe wound.

In order for a proper understanding of the case, it is necessary to state the manner in which the sewer was being constructed at the time in question. After the trench for the sewer had been dug, it was the duty of the brick masons to go to the bottom of it and erect the walls. The brick for the purpose were lowered by means of a rope with a hook on the end from a scaffold about 16 feet square, built upon the surface of the ground, and which extended about halfway over the sewer, which was about 7½ feet deep. The bricks were placed in a pile in the following manner: Two boys, engaged for the purpose, would place two bricks lengthwise upon the edge of the scaffold, and would then place other bricks horizontally on the tops of them until they had constructed a pile about 4 feet high. A man would then adjust the pile and place the rope around it, which was caught in the hook which acted as a slipknot, and thus the bricks were held together. Then the man would lower the pile thus secured to a dumper, in the bottom of the sewer, who would receive it and release the rope, which was drawn up again, and the operation continued as long as it was necessary.

On the 23d day of April, 1906, the plaintiff went to work as usual in the trench laying bricks, and continued work until about 10 o'clock, when he received an injury. It was the custom to "stock up," that is, to lower a quantity of bricks before the masons began work in the morning, and again before they went to work after their noon meals. The material stocked up would last from 15 to 20 minutes; after that it was customary to lower bricks while the masons were at work. It was while lowering bricks under the latter conditions that plaintiff was hurt.

The plaintiff alleged many grounds of negligence upon the...