Fischer v. City of Cape Girardeau

Action for personal injuries. From a judgment for plaintiff for $8000, defendants appeal.

Plaintiff alleges that he was employed by the City of Cape Girar-deau and was engaged in shoveling crushed rock; that the city was negligent in failing to furnish him with a safe and secure tool in that the scoop shovel supplied him was “old, weak, worn and thin;” that while he was shoveling the crushed rock his shovel came into contact with a rock frozen to the ground; that in order to scoop up this rock he pushed hard with his shovel against it, whereupon the weak and defective shovel, after holding for…