[DOWNLOAD] "W. D. Baker v. Stewart Sand & Material" by Kansas City District Missouri Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: W. D. Baker v. Stewart Sand & Material
• Author : Kansas City District Missouri Court of Appeals
• Release Date : January 06, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This is an action for damages for personal injuries sustained in the use of ready-mixed concrete. Plaintiff recovered a verdict
and judgment against defendant Stewart Sand & Material Company in the amount of $5000. The trial court set aside the
verdict and entered judgment for defendant in accordance with its motion to set aside the verdict, and in the alternative,
the trial court sustained defendant's alternative motion for a new trial. Plaintiff has appealed. Plaintiff is a real estate salesman. He is a high school graduate and also took a business course in a college at Minneapolis,
Minnesota. His testimony was that in July, 1958, he decided to rebuild a concrete patio adjacent to his house and built forms
and poured a concrete base with ready-mixed concrete. His previous experience with concrete had been as a boy to assist his
father, with concrete mixed by himself and brother, in building a foundation for a house; in 1950 building with ready-mixed
concrete the original patio; in 1952 building some steps with ready-mixed concrete; and in 1953 or 1954 purchasing two sacks
of cement, of which he used only part for patching. Plaintiff stated that he did not know that cement contains lime, understands
that lime has a caustic effect, but does not know whether it has a poisonous effect. He did not know that cement contains
material which is harmful on prolonged contact.

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