114 Mo. App. 20 | Mo. Ct. App. | 1905
The plaintiff was engaged in making candy for the defendant by boiling the ingredients in a copper vessel with steam heat. The vessel exploded and threw the hot candy over plaintiff Avhereby he was severely injured. He brought this action charging that the vessel was old, worn and defective, and was therefore unsafe. He recovered judgment in the trial court.
The vessel (called a kettle) was about thirty-tAvo inches across the top and about twenty inches deep, and it assumed an oval shape at the bottom. It was composed of two sheets of copper, one outside and the other inside, called the lining. These Avere a short space apart and in the space thus left between the two, steam was passed around and under the ingredients out of which the candy was made. The steam was admitted through a pipe and valve on one side of the vessel and was let out at an exhaust valve on the other side. Thus, the candy Avas boiled by steam. It was usual to heat the candy in boiling to about 265 degrees. At the time in question plaintiff had bodied the candy about tAventy
It is apparent that plaintiff is without any legal standing and should not have had judgment in the trial court. He was practically his own master in managing the kettle. He, himself, made out in testimony that he was in sole charge thereof. He was as completely in control of the kettle as the ordinary domestic is of a cooking stove upon which daily meals are prepared. He
The only charge of negligence left to the plaintiff after the court’s instructions were given, and which is now relied upon, is that the kettle was “old, worn and thin,” and that it was known to the defendant, or, if not known, it could have been, had ordinary care in inspecting and repairing the kettle been observed. There is no charge nor pretence of negligence in the original purchase, nor in the new lining which defendant had put in. Evidence in plaintiff’s behalf showed that a lining would be expected to last ten or fifteen years, when this had only been in use two or three years.
But it is insisted that there was no proper inspection system adopted by defendant. The mode of inspection was not by any specific test of the strength of the kettle, but was merely that made by observation by defendant’s foreman as he passed around the apartment. All this was known to the plaintiff for he explicitly states that there was no other inspection made within his knowledge at any time during his employment. It is a familiar law, that a “master may conduct his business in his own way, and the servants knowing the hazards of his employment as the business is conducted impliedly waives the right to compensation for injuries resulting from causes incident thereto', though a differ-.
A perusal of the evidence fails to disclose any showing of negligence as regards a complainant, such as plaintiff has shown himself to be. Nothing was concealed from him. No assurances were given to him and no complaints made by him. His long experience and extended knowledge in the use and operation of kettles of this character leave him without any just ground of complaint.
The judgment will be reversed.