Strother v. Kansas City Milling Co.
Decision Date | 02 July 1914 |
Docket Number | No. 16717.,16717. |
Citation | 169 S.W. 43,261 Mo. 1 |
Parties | STROTHER v. KANSAS CITY MILLING CO. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Jackson County; Edward E. Porterfield, Judge.
Action by Edward B. Barker, revived after his death pending appeal in the name of Sam B. Strother, as administrator of plaintiff's estate, against the Kansas City Milling Company. From an order granting plaintiff a new trial after verdict for defendant, it appeals. Affirmed.
Boyle & Howell, Joseph S. Brooks, D. W. Johnson, E. R. Morrison, and Edw. J. White, all of Kansas City, for appellant. Shannon C. Douglass, Isaac N. Watson, and Walter W. Calvin, all of Kansas City, for respondent.
In a case sounding in tort in the Jackson circuit court, wherein the damages were laid at $15,000, the jury found for defendant. Thereat, on motion, the court ordered the verdict set aside, granting a new trial on the ground of error in defendant's given instructions. Thereat defendant, a corporation, appealed from such order. Plaintiff dying pending appeal, Strother, administrator, is substituted. For convenience we continue to use "plaintiff."
Defendant owned a flouring mill in Kansas City of a capacity of 600 barrels daily. In this mill were devices known as bleachers, agitators, and conveyors operated by belts, pulleys, and shafting and run by steam power. These bleachers, etc., were devices to whiten the flour by the use of a current of air and electricity. One Brown was defendant's superintendent and in full control and management of the mill and all the men employed therein. About four weeks before the accident, plaintiff, a millwright, was employed by Superintendent Brown to make some alterations in or put in some new bleachers. The bleachers or alterations were completed ready for testing, and while to that end plaintiff was assisting Brown in putting on a belt connecting the bleachers with the power he was thrown off a ladder and severely injured by the sudden and unexpected starting of the machinery. His suit for damages is bottomed on those injuries, and there is no question here as to their gravity.
It will not be necessary to set forth even a summary of the petition; for plaintiff's principal instruction was within its allegations, and we reproduce that to show the pleaded grounds of negligence and the theory on which recovery was sought, viz.:
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