[Download] "Weeks-Maxwell Construction Company V." by Kansas City District Missouri Court of Appeals ~ Book PDF Kindle ePub Free

July 11, 2021

eBook details

Title: Weeks-Maxwell Construction Company V.
Author : Kansas City District Missouri Court of Appeals
Release Date : January 05, 1966
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

This is a suit for damages allegedly arising from the negligent operation of a heavy duty crane. There is little dispute as to the facts. The plaintiff, Weeks-Maxwell Construction Company, is a general contracting company, located in Independence, Missouri, and engaged principally in the construction of sewer plants and hospitals in an area within a sixty mile radius of Kansas City, Missouri. In 1961, it contracted with the City of Independence, Missouri to construct the Sugar Creek Sewage Disposal Plant, Weeks-Maxwell was the general contractor for the whole job and was responsible for the property during the entire building period and until the finished construction was turned over to and accepted by the City of Independence. As is usual in such matters, the plaintiff subcontracted various portions of the job. To the Kansas City Concrete or Castings Company went a subcontract to precast a large concrete beam, deliver it to the project and position it across the top of a large circular tank. This beam was approximately 55 feet long and weighed over 15 tons. The Castings Company in turn subcontracted the job of placing this beam in position to John Haggard, Jr., d/b/a Haggard Heavy Hauling. On Friday, August 17, 1962, two things became apparent to Haggard. First, the beam should be positioned on Monday, August 20, 1962, and second, none of Haggard's large heavy duty cranes would be available for use on that date. In the past in such emergencies, Haggard had used cranes belonging to the defendant Belger Cartage Service, Inc., and Belger had on occasion used Haggard's equipment. In any event, on Friday, August 17, John Haggard called Belger by telephone and talked with Albert Schons, crane operator, and made arrangements for Belger to have a Bay City 35 ton crane on the job on the following Monday morning. Gene Larson, Haggard's foreman on the job, knew and had worked before with one of Belger's crane operators, Virdus (Bill) Hurst, so it was requested that Hurst come also. Hurst, James Henak, an oiler, and the crane arrived on Monday Morning. There is some little dispute as to whether the crane was a 35 ton type or not. It really makes little difference.