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SCHWANDT v. WITTE

No. 48031.

346 S.W.2d 50 (1961)

Herbert SCHWANDT, Respondent, v. Richard J. WITTE, d/b/a Home Improvement Supply Company, Appellant.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied May 8, 1961.

Attorney(s) appearing for the Case

Jerome J. Duff, John J. Delabar, St. Louis, for employer-appellant.

John D. Connaghan, St. Louis, William L. Mason, Jr., St. Louis, for respondent.

BARRETT, Commissioner.

On January 2, 1957, Herbert Schwandt and Pat Collins, roofing and siding applicators, were remodeling Paul Rost's twostory apartment building at 7271 Southwest Avenue. Specifically, they were replacing the wood siding with asbestos siding. While working on a scaffold Schwandt pulled on a board, the board broke and Schwandt off balance fell to the ground fracturing his right wrist and leg. Claiming that he was employed by Richard J. Witte, doing...

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