Miller v. Foundation Co.

The opinion of the court was delivered by

Porter, J.:

In the district court the plaintiff recovered a judgment for injuries alleged to have been occasioned by defendant’s negligence. This is an appeal from the judgment.

The defendant ~was engaged in driving piling for the foundation of a bridge in the river at Kansas City. In the performance of the work it was necessary for defendant to place its pile driver and engine upon a temporary platform twenty feet above the surface of the river. From this structure the mast of the derrick rose to a height of twenty feet. Surrounding the mast above the…