Healy v. Hoy
Case Details
- Judge(s)
- Brien, Brown
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Missouri
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
Railroad coach cleaner injured when defective hose parted and he fell, resulting in foot amputation, prevailed under the Federal Employers' Liability Act. Jury verdict of $12,000 affirmed on appeal.
Excerpt
Action in the district court for Ramsey county against William J. Hoy and Michael J. O’Neil to recover $37,500 for personal injuries ¡sustained by plaintiff while in the employ of defendant O’Neil, an independent contractor, in a building of which defendant Hoy was -the general contractor. After the death of plaintiff, the special administrator of his estate was substituted in his place. The complaint alleged that the injury to plaintiff was received without any negligence on his part, and solely through the negligence •of defendant O’Neil in directing plaintiff to work on the fifth floor •close to a hoisting apparatus and hoistway which were unguarded by any barrier or railing, such hoistway being an exceedingly unsafe ¡and dangerous place; that defendant Hoy failed to guard such apparatus and hoistway and operated the apparatus in a wantonly careless and wilfully negligent manner, and in failing to raise said -apparatus after plaintiff was wedged in said hoistway. Defendant Hoy, in his separate answer, admitted the injury but expressly denied his negligence, alleged that he had no knowledge of the duties of plaintiff and therefore denied that at the time and place of the ■accident he was engaged in the discharge of any duty whatever to •defendant O’Neil. Before the trial it was stipulated that the action should be dismissed as to defendant O’Neil, without prejudice to ■either party. The ease was tried before Brill, J., who directed a verdict in favor ■of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Browse Related
Facing something similar at work?
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.
See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.