Turner v. Haar

21 S.W. 737, 114 Mo. 335, 1893 Mo. LEXIS 226
CourtSupreme Court of Missouri
DecidedFebruary 27, 1893
StatusPublished
Cited by37 cases

This text of 21 S.W. 737 (Turner v. Haar) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turner v. Haar, 21 S.W. 737, 114 Mo. 335, 1893 Mo. LEXIS 226 (Mo. 1893).

Opinion

Maceaulane, J.

The suit is to recover damages for personal injuries received by plaintiff, by reason of the fall of a building, in which she was employed by defendants to work; caused, as alleged, by its defective construction and improper use.

The petition charged that defendants were lessees and occupants of a four story brick building in Kansas City, in the second, third and fourth stories of which they were carrying on the business of manufacturers of overalls and pants; that on the eleventh of May, 1886, plaintiff Was, and for a long time prior thereto [341]*341had been, with others, employed by defendants in the third story of said building in making these articles. “That the several floors of said building were insufficiently sustained and constructed; that the said building and the various parts thereof were weak, insecure, and insufficient for the business then and there carried on therein by defendants, or to sustain said building; that the joists supporting the floors of the third and fourth stories of said building were weakened and rendered more insecure, unsafe and unfit for use and occupation by defendants, as aforesaid, by placing on the fourth floor of said building a steam-engine of the weight of three tons, and by operating the same in the manufacture of overalls and pants; all of which matters and things, on the day and year last aforesaid, were, and for a long time prior thereto had been, known to defendants and unknown to plaintiff. That on said day, while engaged in her work in the third story of said building, and being ignorant of any danger, the whole of said building, together with the machinery therein, fell, by which plaintiff was injured,” etc.

It appears from the evidence that defendants were, lessees of the building, which was made of brick with a stone foundation, and was four stories high. They moved into the building in September, 1885. The boiler and engine were removed from the fourth story of the former place of business and put in the third story of this building about March, 1886. The engine was used to run twenty to- twenty-five sewing machines. During the prevalence of a storm, on the eleventh of May, the roof was blown from the building, the walls and floors fell and plaintiff was carried down with the building by which she was injured.

The evidence of plaintiff tended to prove that the building was twenty-five feet wide and one hundred and six feet long, from north to south, and fronted [342]*342south. Another brick building composed, the east wall, to which this on© was bound by strap-iron anchors every ten or sixteen joists on each floor. On the third floor at the north end there was a crack or opening between the walls of -the two buildings large enough for plaintiff to see through, and into which she could put her hand. This opening extended from the bottom to top of building. There was an elevator way cut up through the joists from the bottom to the top. A stairway was built inside the building on the west side to the third story and on the east side from the third to the fourth story. In the third floor was placed a steam boiler and engine and eighty feet of line shafting along the west side of the building and attached to the floor by means of iron brackets for the purpose of running the sewing machines; the whole• machinery weighing about twelve hundred pounds. The evidence of plaintiff also tended to prove that the running of the engine imparted to the building a vibratory motion and caused it to tremble.

The defense was a denial of negligence, and that the building was destroyed by a violent and unprecedented storm. A. B. Cross, a witness for plaintiff, who had lived in Kansas City for thirty years, testified that he never remembered seeing a worse stoirn. It came from the northwest, “blew down some of the strong buildings here in town and blew a span out of the river bridge.” Indeed the evidence leaves no doubt of the extraoi’dinary and unprecedented character of the storm. Defendant’s evidence tended to prove that the building was well constructed with good material, was well secured to the adjoining building, and that the machinery did no injury to it.

The court gave the jury the following instruction at the request of plaintiff:

[343]*343“The jury are instructed that if the evidence shows that plaintiff was employed by defendant to work in their overalls factory, then it became the duty of the defendants to furnish plaintiff a reasonably safe place to work for the purpose for which it was being used; and if you believe from the evidence that defendants at the time alleged in the petition were operating a factory for the manufacturing of overalls in a four-story brick building on Third street, in Kansas City, Missouri, and that plaintiff was employed by defendant as one of the operators to work in said factory, and further believe from the evidence that on or about the eleventh day of May, 1886, while the plaintiff was engaged in the service of the defendants, the building in which plaintiff was at work fell or was blown down, and that plaintiff was injured, then you will find for plaintiff, unless you shall further find from the evidence that defendants were guilty of no want of ordinary care in selecting the said building for the purpose for which it was used, or by the use of ordinary care and diligence were unable to discover its unfitness for the purpose for which it was being used, provided you further find from the evidence that the building was unsafe and insecure for the purpose for which it was being used by defendants.”

The verdict and judgment was for plaintiff and defendants appealed.

I. On the trial plaintiff offered and the court admitted over defendant’s objection the testimony of three witnesses who gave their opinion as experts. Van Patten, one of the witnesses, testified that he was a contractor and builder, had been * engaged in that business eight years and had built brick houses. Wolf, another witness, testified that he was a builder and had been for nine years, had worked in buildings where machinery was in use and where they were putting it [344]*344up. Cross, the third witness, had been an architect for thirty years. Being thus qualified they were permitted to give the jury their opinion that the settling of the foundation or defective construction of the walls was what caused the crack between the walls of the twb buildings; that the effect of running machinery used to run shafting connected with a lot of sewing machines in the third story would be to cause vibration; that vibrations “would shake and weaken the walls, loosen the floor joists and everything that would have a tendency to strengthen the building;” and if the vibrations were strong enough they would shake the building down. The testimony of each was objected to on three grounds: “First, because the witness was not shown to be an expert; second, because no foundation had been laid for expert testimony, and third, because it was not a-proper case for expert testimony.”

An expert is defined to be “one who is skilled in any particular art, trade or profession, being possessed of peculiar knowledge concerning the same. Strictly speaking an ‘expert’ in any science, art or trade is one who by practice or observation has become experienced therein.” Rogers on Expert Testimony, p. 2.

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Cite This Page — Counsel Stack

Bluebook (online)
21 S.W. 737, 114 Mo. 335, 1893 Mo. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-haar-mo-1893.