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BENDER v. BURLINGTON-NORTHERN R. CO.

No. 12608.

654 S.W.2d 194 (1983)

Paul T. BENDER, Plaintiff-Respondent, v. BURLINGTON-NORTHERN RAILROAD COMPANY, a Corporation, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or to Transfer Denied June 27, 1983.

Application to Transfer Denied August 16, 1983.

Attorney(s) appearing for the Case

Eric A. Cunningham, Jr., St. Louis, C. Wallace Walter, Bruce E. Hunt, Mann, Walter, Burkart, Weathers & Walter, Springfield, for defendant-appellant.

Thomas Strong, John Wooddell, Strong & Placzek, P.C., Springfield, for plaintiff-respondent.

MAUS, Presiding Judge.

On September 6, 1978, in the course of his employment by the defendant railroad, the plaintiff was using an air powered hammerdrill to drill holes in concrete bridge piers. After completing that work on one pier, the plaintiff placed the hammerdrill on the deck of the bridge above him, preparatory to moving to a different pier. The air hose came loose from the hammerdrill and struck the plaintiff in his right eye. He suffered a severe injury...

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