Svast v. White

• Citation: 5 S.W.2d 668
• Decision Date: 01 May 1928
• Docket Number: No. 19744.,19744.
• Parties: SVAST v. WHITE et al.
• Court: Court of Appeal of Missouri (US)

5 S.W.2d 668

SVAST v. WHITE et al.

No. 19744.

St. Louis Court of Appeals. Missouri.

May 1, 1928.

Appeal from Circuit Court, St. Louis County. John W. McElhinney, Judge.

"Not to be officially published."

Action by Martin Svast against J. H. White and another. From a judgment setting aside an involuntary nonsuit, named defendant appeals. Affirmed, and remanded.

Jos. C. McAtee, of Clayton, for appellant.

John B. Reno and Carlyle J. Dunn, both of St. Louis, for respondent.

NIPPER, J.

Plaintiff brought suit against the defendants, J. H. White and Nick Grbchic, for damages for personal injuries. The petition alleged that White was a general contractor and Grbchic a stone masonry contractor; that the defendants were engaged in the erection and construction of a building, described as a bungalow, in Richmond Heights, St. Louis county, Mo; that this bungalow had a porch on the north side constructed mostly of large blocks of rock and stone, with pillars of rock supporting the roof or canopy thereof; that defendant J. H. White had charge of the general construction of said bungalow, and through his agents and servants was engaged in doing the carpenter work and other general work on said building, and was using, in connection therewith, certain pieces of timber about 14 feet in length, to support and prop up the roof or canopy.

Plaintiff further states that Nick Grbchic was engaged, through his agents and servants, in setting the stone steps leading from the ground up to the porch; that plaintiff was in the employ of Grbchic as a stone mason; that on the day plaintiff received his injuries Grbchic ordered plaintiff to set the stone steps leading up to this porch; that these stone steps were near and in close proximity to one of these pieces of timber which were being used to support or prop up the roof of the porch; that the defendant White, through his agents and servants, removed the said pieces of timber from under one end of the roof, permitting said end of the roof to lower and rest upon the topmost part of the pillar designed to support that end of the roof or canopy over the porch; that after this timber had been removed the roof lowered; that while plaintiff was engaged in the business assigned to him by defendant Nick Grbchic, "through the negligence and carelessness of the defendants J. H. White and Nick Grbchic, the pieces of timber, lumber, and plank supporting and propping up the other end of the roof or canopy fell from its position along the side of said porch of the said building or bungalow, directly under the control of the defendants, and struck the plaintiff, causing him to be severely, painfully, and permanently injured," etc.

At the close of all the evidence the trial judge announced that he would have to sustain the demurrers as to both defendants. Plaintiff then took an involuntary nonsuit with leave to move to set the same aside. Later, the trial court sustained the motion to set aside the nonsuit, and from this action defendant White appealed. Defendant Nick Grbchic took no further action.

The testimony as offered by plaintiff was to the effect that he was employed by defendant Grbchic, who was a subcontractor in the building of the house in question. Defendant White was a general contractor. White issued orders to the carpenters and looked after the general construction of the building, while Grbchic was in charge of the masonry work at the approach of the...