72 Mo. App. 583 | Mo. Ct. App. | 1897
This case is here the second time by appeal. The judgment on first appeal was reversed because of the admission of incompetent and irrelevant testimony on the trial. Beard v. American Car Co., 63 Mo. App. 382.
“The evidence adduced on the trial shows that plaintiff was employed by defendant as a journeyman painter of rough work, and was subject to the order of one Wehrenbreeht, superintendent of the paint shop of defendant; that on the fourteenth day of August, 1894,*588 defendant’s wagon, containing several barrels of white lead, each weighing sis hundred and fifty to seven hundred pounds, arrived at its factory, and plaintiff was ordered to assist in unloading the same, and was further directed to take hold of the end of a plank fourteen inches wide, two and one half inches thick, and twelve feet long, the other end of which rested on the bottom of the wagon bed, and to support the end in plaintiff’s hand at a level with the end placed on the wagon, so that one of the barrels might be rolled upon the end of the plank lying on the wagon bed, and the barrel thus conveyed to the floor of the factory by the gradual lowering of the plank which plaintiff held. The plaintiff thereupon took hold of the plank and rested it against his breast, with his right arm underneath for support. The servants in the wagon then rolled a barrel toward the end of the plank. The momentum thus given the barrel caused it, instead of mounting the end of the plank, to shove it off the wagon; the barrel also dropped out of the wagon and struck the plank which had fallen at the end nearest the wagon, breaking it and communicating such force as to break the arm of the plaintiff near the joint of the right wrist, and felling him to the ground, thus inflicting the injuries sued for.”
The evidence further tends to prove that the plank used on this occasion had been used before for the same purpose, and that it, or one like it, was the only appliance furnished by appellant to unload heavy barrels from its wagons. It was also shown by the evidence that the usual and safe appliances ordinarily used for unloading heavy barrels from wagons is either a skid or a heavy plank with beveled edges and fiad hooks by which the skid or plank is hooked onto a cross-bar at the side of the wagon, and thus made secure from slipping and falling to the ground when the
Beard was ordered by a vice-principal of appellant to help unload the wagon, and the appliance furnished was used in the ordinary way, for it could not have been successfully used for the purpose of unloading a heavy barrel in any other than the way it was used by Beard and the teamster, and it is wholly immaterial who
Discovering no reversible error in the record, the judgment is affirmed.