131 Minn. 475 | Minn. | 1915
Plaintiff recovered a verdict of $4,966. Judgment for defendant notwithstanding the verdict was denied, and a new trial was denied on condition that plaintiff consent to a reduction of the verdict to $4,000. Plaintiff consented to this reduction, and defendants appealed from the order denying its alternative motion.
Plaintiff was a bricklayer employed by defendant in the construction of a building in St. Paul. He was injured by the collapse of a scaffold upon which he was working. This scaffold was a completed appliance furnished by defendant, and plaintiff had nothing to do with its construction. The portion of the scaffold upon which plaintiff was working was what is called a “pudlock” scaffold, constructed in this way: An upright 2x6 was placed near the wall of the building, and another one some six feet from the wall; a 2x6 or 2x8 cross piece or “pudlock” was nailed to the two uprights at the height desired, and planks were laid parallel with the wall, one end resting on the pudlock, and the other on another pudlock, or on horses. Plaintiff and five or six other bricklayers, with their mortar boards and brick, were upon this pudlock scaffold when it suddenly collapsed; plaintiff fell with it to the ground and sustained the injuries for which he seeks compensation in this action.
Plaintiff expressly disclaimed reliance upon the rule of res ipsa loquitur, and charged that the scaffold fell because of negligence in its construction, and because it was overloaded. The evidence showed with little dispute that the cross piece or pudlock was nailed to each upright with but three nails, and that no cleats were placed under the pudlock. There was evidence tending to show that the number of nails used was insufficient; that it was customary to place cleats under the cross pieces on this kind of a scaffold; that their use adds strength to the scaffold. Defendant does not claim that there was not sufficient evidence of negligence, but he contends that plaintiff failed to prove that the scaffold fell
Order affirmed.