Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 94

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 94

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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. 1902 edition. Excerpt: ...accident, according to plaintifl's own evidence, for the reason, he says, that he was not needed at the rope, he went to the wreck to see if there was anything for him to do there, and while standing about fifteen feet away the engine was started without warning; that he thereupon retreated with the other employees and when about thirty feet from the wreck near a watertank he was struck by a fragment' which flew out when the attachment broke loose from the wreck. Notwithstanding the alleged failure of the defendant to give the necessary signal for starting, it seems that plaintiff was aware that the locomotive was about to move and that he sought to avoid danger by retreat. The defendant's counsel contends that the evidence does not show that the chain was fastened to an insecure part of the wreck, and on the trial introduced witnesses to prove that the car was of a different kind and make from that specified by plaintiffs witnesses, and that it did not have the upright on it, to which it was claimed the chain was hitched. We have examined the evidence on both sides as to this fact and find that the testimony of each was positive in its character, which leaves it a question for the jury alone and not for the court to determine. Every fact in the case which was not admitted was strenuously maintained or controverted by sub-j stantial evidence, which left the case wholly one for the jury under proper instructions from the court. The defendant makes the specific objection to plaintiif's right of recovery on the ground that he had left his work of manipulating the rope without an order from his superior; and that not being directed to assist at the place where the chain was being attached to the wreck he was only a...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236760395
  • 9781236760395