Hansen v. Hamm Realty Co.
Hansen v. Hamm Realty Co.
Opinion of the Court
Action for personal injuries in which plaintiff had a verdict and defendants appeal from an order denying a new trial.
Defendants contend: (1) That the verdict is not justified by the evidence; (2) that the court erred in refusing to instruct the jury that the evidence would not justify a finding that the diseased condition of plaintiff’s left antrum resulted from the injury; and (B) that the damages are excessive.
Defendants were constructing a large building in the city of St. Paul and at the time of the accident had several different crews at work upon it. A round smokestack 6 feet in diameter and 200 feet
The scaffolds extended along the wall each side of the smokestack. Planks reaching from one scaffold to the other were so placed that they left a square opening through which the round stack extended. Plaintiff testified that before beginning work below the scaffolds he observed that the openings around the stack had been filled in with boards closing such openings; that while at work about 30 feet below the scaffold he looked up and saw that the opening above him had been uncovered; that deeming it unsafe to work beneath such an opening he immediately lowered himself to the false work a few feet below; that he saw some bricks fall through this opening; and that he was struck on the head before he could get out of his “sailor’s chair.” Two other witnesses corroborate plaintiff’s statement that the openings about the stack had been covered with boards. One of these witnesses also testified that he saw some bricks fall through an opening at the stack and on going to the ground floor about 10 minutes later was informed that the painter had been hurt. Another witness testified that he saw a falling brick strike plaintiff.
Defendant presented evidence to the effect that the openings about the stack had never been closed and that plaintiff had been warned not to work below the scaffold where the bricklayers were at work. Plaintiff denies any such warning.
Defendant also insists that the witness who claimed to have seen the brick strike plaintiff was at a point where he could not have seen plaintiff because the stack was between them. He was standing
It is conceded that plaintiff’s left antrum is diseased and that the verdict is not excessive if the diseased condition of this antrum resulted from the injury sustained. But defendants insist that a blow on the head could not cause this condition, and presented the testimony of specialists of high standing to that effect. Opposed to this is the fact that plaintiff was apparently in perfect health prior to the accident; that ever since the symptoms to be expected in case of a diseased antrum, such as headaches, dizzy spells and impaired vision, have been present; and also the testimony of the specialist, also of high standing, who discovered the diseased condition of the antrum and treated plaintiff therefor, to the effect that it probably resulted from the blow, as he found no other cause to which he could attribute it. We think the evidence made a question for the jury and find nothing which will justify us in disturbing their verdict after it has been approved by the trial court.
Order affirmed.
Reference
- Full Case Name
- LOUTS P. HANSEN v. HAMM REALTY COMPANY AND ANOTHER
- Status
- Published