Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 131
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...The driver would place his foot against a lever, push it forward to where he wished it and lodge it in a ratchet which should hold it in position. The ratchet was in such condition that it would not hold the lever and when the foot was taken of f it would "fly" out and back, thus releasing the brake; so that plaintiff used the brake by keeping his foot on the lever. But in going down the hill where he was hurt, after pushing the lever forward he thoughtlessly (he stated that he forgot) took his foot of f and thus released the brake. His knowledge of this condition of the brake and of the necessity of keeping the foot on the lever was stated again and again in his testimony. It was repeated until he lost patience with the questions. It became so plain that his own neglect to hold the lever was the cause of the brake not being held in place that the trial court took away from the jury all consideration of the lever and ratchet. In this the court was fully justified by plaintiff' entire testimony in his own behalf. He had gone over the road only a few hours before with a heavier load and he knew the exact condition of the brake and how it should be handled in order that it would operate, and yet carelessly allowed it to be released as he started down the hill. Meyer v. Obear Glass Co., 129 Mo. App. 556, 107 S. W. 1041. This leaves for inquiry whether there was any other defect in the brake. We find there was nothing upon which a case could be made against defendant. His case was built upon the defects just discussed. Defects with which he was perfectly familiar and for which he had, in going out, applied the simple remedy of keeping the lever in position with his foot. Failing in that defect by reason of his own negligence, ...
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- 13 Sep 2013
- Illustrations, black and white