Metzinger v. H. A. Dailey, Inc.

Action for damages for personal injuries alleged to have been sustained by reason of defendant's negligence. Verdict and judgment were for plaintiff for $40,000 and defendant has appealed.

Plaintiff was employed by defendant as an ironworker foreman in construction work in the City of St. Louis. He was seriously injured on June 25, 1946, by reason of the falling of the elevator of a hoist which had been erected by defendant and was being used in connection with the construction of a building.

The essential issue presented on this appeal concerns the application of the Workmen's Compensation…