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DAVIS v. BREZNER

No. 8302.

380 S.W.2d 523 (1964)

William R. DAVIS, Claimant-Employee, Respondent, v. Barnet BREZNER, Employer, Appellant. Fireman's Fund Insurance Company, Insurer.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied June 30, 1964.

Attorney(s) appearing for the Case

Orville C. Winchell, Lebanon, for appellant.

Claude T. Wood, Richland, Jay White, Rolla, for respondent.

RUARK, Presiding Judge.

This is an appeal by the employer in a workmen's compensation case involving a shoulder injury. Claimant Davis was bent over in the bottom of a ditch astraddle of an eight-inch pipe which he was fitting. The ditch was thirteen and one-half feet deep. Along the top of the ditch was a pile or row of loose dirt four feet high. Atop the dirt was a rock, described as "about the size of a steering wheel...

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