Bischoff v. St. Paul Bethel Ass'n
Bischoff v. St. Paul Bethel Ass'n
Opinion of the Court
This is a personal injury action, in which the plaintiff had a verdict, and the appeal is from an order directing judgment in favor of the defendant notwithstanding such verdict.
The plaintiff herein had charge of a steam-heating plant, of limited capacity, used to heat what is known as a “Bethel boat,” a semicharitable place for the furnishing of meals and lodgings. The boiler of the plant was old, and had been used in connection with a threshing-machine engine until it became unfit for such purpose. It was then transferred ánd set up for the duty indicated. The water supply was conveyed through a small pipe to a point near the bottom of the boiler, and in this pipe was a stopcock a few inches distant from the latter. The stopcock and that
It is contended by counsel for the plaintiff that it was not shown by the testimony that plaintiff turned the wrench, and, at most, it appears that he merely applied it to the pipe. We do not think this claim sustainable. Fairly construed, the plaintiff’s testimony was that after applying the wrench he turned it twice, without first examining in any manner, or ascertaining, the condition of the stopcock, and whether or not it had been disturbed or affected by a removal of a part of the pipe, and, to some extent, a disarrangement of the remainder. The plaintiff, an engineer of much experience, knew that the pipe was in a bad condition, and undertook to remove a part of it at an improper time, when steam was up, and without taking the slightest precautions as to the condition of the remainder of the pipe, and the stopcock through which he knew steam would flow if it gave way, and probably to his personal injury. Why plaintiff did not remove the piece of pipe a few hours before, when assisting in repairs, and while there
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.