Graczak v. City of St. Louis

The City of St. Louis appeals from a judgment of $13,000 in favor of Fred Graczak [776] for personal injuries sustained while in defendant's employ. Defendant contends the fellow servant rule precludes recovery; that plaintiff was contributorily negligent as a matter of law; that plaintiff's main instruction was erroneous, and that the damages are excessive.

Plaintiff, a blacksmith, and Frank Boubek, his helper, had worked together for over three years as employees of defendant in its blacksmith shop at the Baden pumping station. They were fully qualified men. They had been punching holes in…