Ulrickson v. Soderberg
Ulrickson v. Soderberg
Opinion of the Court
This is an action to recover damages for personal injuries which the plaintiff alleges resulted to him from the negligent operation of a derrick in the defendants’ stone quarry where he was employed as a derrickman. A trial before the court and a jury resulted in a verdict and judgment against the defendants, from which they have appealed.
There was evidence introduced upon the trial sufficient to warrant the jury in concluding that the following facts were established. On July 27, 1910, and for some time prior
On July 37, 1910, while respondent was performing his usual duties as derrickman, the grab hooks had been lowered to the ground for the purpose of hoisting stone, when he proceeded to make them fast to a stone. At that time, in obedience to a signal from the head derrickman, the engineer lowered the boom, and in doing so allowed the boom cable to run off the drum until there was only one coil left upon.it, when he applied the brake, stopping the drum. The strain upon the cable broke its fastening upon the drum, and it slipped off, causing the boom to fall upon respondent, resulting in the injuries for which he claims damages in this action. After the removing of the derrick farther away from the engine, thus rendering the cable too short, the attention of appellants’ foreman was called to the danger incident to the operation of the derrick without a longer cable. It is conceded that he recognized this danger, as the engineer also did, though they concluded that they could safely operate it in this condition temporarily, by taking care not to lower the boom too far so as to allow too much of the cable to run off of the drum.
It is contended that the negligence of the engineer, in allowing too much of the cable to run off of the drum before stopping it, was the proximate cause of the respondent’s injury ; that the engineer was a fellow servant with respondent, and therefore appellants are not liable. If this constituted the only negligence which the evidence tended to show, we might be called upon to determine whether or not the rules applicable to fellow servants would relieve appellants from liability. But it is manifest from the evidence that the jury were fully warranted in believing that the want of a cable of sufficient length was as much a proximate and efficient cause of the injury of respondent as the negligence of the engineer. The evidence was clearly sufficient to warrant the jury in
It is next contended that the verdict of the jury was so manifestly excessive as to indicate passion and prejudice on the part of the jury, and that respondent should be required to accept a less sum or submit to a new trial. The award of the jury was for $6,000. Respondent’s injuries consisted of the breaking of his right forearm in several places, both bones being broken entirely off, his shoulder being dislocated, and he being otherwise severely bruised. He was confined to the hospital thirteen weeks. In the setting of the fractures, it became necessary for the doctors to perform upon him during that period not less than four operations, each of which required the administering to him of an anaesthetic, besides one or two other operations not so severe. The use of his arm is impaired to a considerable extent, probably permanently, though the doctors do not agree upon that. The rotary motion of the forearm and wrist is restricted to about ten per cent of normal. That may, however, be improved in time to twenty or even forty per cent, though none of the doctors claim that it will ever be more efficient than that. He incurred hospital and doctors’ bills amounting to approximately $650. He has lost in wages, computed at his Usual earning capacity up to the time of trial, approximately $1,000, so that he has been awarded for his pain and suffer
The judgment is affirmed.
Crow, Chadwick, and Gose, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.