Bartnes v. Pittsburgh Iron Ore Co.
Bartnes v. Pittsburgh Iron Ore Co.
Opinion of the Court
Defendants operate independent iron mines located near eacb other in St. Louis county. Considerable blasting is done in each for the purpose of dislodging earth and material for convenient removal from the mine. Each mine is an open pit, and at the time in question had been excavated to a considerable depth. Public highways •extend along and adjacent to both and are much frequented by pedestrians who, when in the vicinity of the mines, are exposed to danger •of bodily injury from the blasting operations, unless timely warned .and thus enabled to get to a place of safety. The mine operated by •the Pittsburgh Company is described in the record as the Brunt mine, •and that operated by defendant consumers company, as the Hanna ¡mine. Between these two is located the Wacouta mine, but that was mot being operated on the day here in question. Blasting was being •done in both the Brunt and Hanna mines. Plaintiff, a young lady .•of about 20 years of age, was a servant employed at a boarding house mear the Hanna mine. Her sister, a married woman, resided a short .distance from the Brunt mine. On the afternoon of the day in •question plaintiff proceeded from the Hanna boarding house to the residence of her sister for a short visit. In doing so she passed along •the highway immediately adjacent to the Brunt mine. On her return, and when at about an equal distance from each of the mines, •she was struck and seriously injured by a stone and other material thrown by a blast from either the Hanna or Brunt mine. Within a short time after a blast was discharged at the Brunt mine, she was found on the highway unconscious from her injuries and removed •shortly to a hospital. She recovered and thereafter brought this ¡action for the injuries thus sustained, charging in her complaint a negligent discharge of blasts by both defendants without notice or •warning to persons upon the adjacent highway. At the trial below a ■verdict was directed in favor of the Consumers Company, for the Reason, as the court held, that there was no evidence to sustain a re•eov.ery .against it, and the cause was submitted to the jury as to the
1. It is contended by defendant that the evidence wholly fails to show that the rock and material which struck and injured plaintiff came from the Brunt mine, or was the result of a discharge of a blast therein, and that the verdict affirming that such was in truth the fact rests entirely upon conjecture and speculation. No- rulings; of the court below are assigned as error, save the refusal of the court, to direct a verdict for defendant, and the substantial ground of the; appeal is the contention above mentioned.
The Brunt mine was at this time a large open pit, 300 feet wide
While the Hanna mine was in operation at the time, the blasting there carried on was of an entirely different character. There the holes were bored into the bed of the pit, and the blasts were discharged directly into the air, and not horizontally as at the Brunt mine. Plaintiff was probably about the same distance from the Hanna mine when injured as from the Brunt mine, but it is highly improbable that a blast from that mine, discharged straight into the air would scatter stone and earth a distance of six or eight hundred feet from the base of the blast, unless of course the blast holes deflected, thus causing the blast to'take a slanting course. But the evidence, as held by the trial court, wholly fails to justify the conclusion that the blasts from that mine were in any way responsible for the injury to plaintiff. Upon this the record is clear.
So we have only to determine whether the claim of plaintiff that ¡her injury was the result of the blast from the Brunt mine rests in (conjecture or speculation. Our examination of the evidence results in the conclusion that defendant’s contention in this respect is not ¡sustained by the record. An extended discussion of the facts will serve no useful purpose, and we are content with the statement that the evidence has been fully read and considered with the result stated. The principal injury to plaintiff, as already stated, was .a blow upon the back of the head. She was going from the mine in a northerly direction, and the inference is clear, not merely conjectural, that the missile which struck her came from the direction of the Brunt mine. There is no suggestion in the record that she was injured otherwise than by a stone thrown by a blast from one of these mines, and for reasons stated, the evidence does not show that it came from the Hanna mine.
There is force in the claim of defendant that since the blast holes were directed toward the north bank of the pit, it is unlikely that any material would pass over that bank to the roadway beyond. But this is far from conclusive. Material from this blast did in fact pass above the opposite bank, some of which fell around and about the employee who was placed upon the bank near the highway to warn
2. The further contention is that the verdict is excessive and the amount awarded, $1,000, given under passion and prejudice. In this we do not concur. Plaintiff’s skull was fractured and particles of bone were removed therefrom. She suffered necessarily intense pain from her injury. Her face was permanently disfigured, and in some respects she had not at the time of the trial fully recovered. She received her injuries.in April, 1910, and the action was tried in October, 1912. Though she may ultimately fully recover her normal
Order affirmed.
Reference
- Full Case Name
- CLARA BARTNES v. PITTSBURGH IRON ORE COMPANY
- Status
- Published