Davis v. Brezner

RUARK, Presiding Judge.

This is an appeal by the employer in a workmen’s compensation case involving a shoulder injury. Claimant Davis was bent, over in the bottom of a ditch astraddle of an eight-inch pipe which he was fitting. The ditch was thirteen and one-half feet deep. Along the top of the ditch was a pile or row of loose dirt four feet high. Atop the dirt was a rock, described as “about the size of a steering wheel” and estimated to weigh seventy-five to one hundred pounds. A workman dislodged the rock. It went down the dirt, into the ditch, and struck claimant in the upper part of the…