Brown v. Armstrong & Latta Co.
Brown v. Armstrong & Latta Co.
Opinion of the Court
Opinion by
A shipment of lumber while being unloaded from a railroad car fell and injured the plaintiff, a laborer in the employ -of the defendant corporation which was engaged in constructing the lumber and concrete portions of a bridge. The load was at least six feet high and consisted of long “stringers”; it was supported and kept in place by stanchions or uprights on, both sides held together at the top by wires. At the direction of one Beamer the plaintiff cut certain of these supports, which caused the lumber to fall. The testimony shows that Beamer employed the plaintiff and others; that at first he sent him to another place to work but subsequently brought him to the location of the bridge; that he had charge of, superintended and directed the work of the plaintiff and his fellow-workmen prior to and at the time of the accident; and that he not only employed the men, but at least one had been discharged by him. A witness for the plaintiff testified that Beamer had charge of the
The questions remain, first, was there sufficient in the testimony to show negligence on the part of the defendant, and second, was the plaintiff clearly guilty of contributory negligence? The jury could have found from the testimony that Beamer ordered several of the employees of the defendant company “to go to work in a great big hurry”; that he said, “Hurry up, men, because you have been down here all day and very near nothing done”; that one of the men took an axe and cut certain of the wires which held the supports of the lumber together; that at this time the plaintiff was “down the track a piece......not more than fifty yards” when “Beamer called him to this car” and said, “Go ahead and get the axe and cut it”; the plaintiff replied, “Do you mean me?” and Beamer said, “We have been here all day and we have not anything done.... .go ahead and cut them quick.” At that time all the supports but two had been severed; the plaintiff took up his axe and cut one of the remaining supports and “had cut one lick in the other” when it gave way and the lumber fell. The accident happened in April, 1907, at which time the plaintiff was 34 years of age; he was an inexperienced colored
The credibility of the witnesses was not for the court, but after considering all that may justifiably be said concerning the principal witness for the plaintiff we are not convinced that his testimony should have been excluded; although there was evidence that this witness had suf
The appellant assigns numerous excerpts from the charge, but when viewed as a whole it is apparent that no reversible error was committed in submitting the case to the jury; all the assignments are overruled and the judgment is affirmed.
Reference
- Full Case Name
- Brown v. Armstrong & Latta Company, Inc.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Negligence — Contributory negligence — Master and servant— Vice principal — Case for jury. 1. In an action by an employee against his employer to recover damages for personal injuries sustained through an alleged improper order given to plaintiff by one whom the latter claimed was a vice principal of his employer, the question as to whether such person was or was not a vice principal is for the jury, where the evidence shows that such person employed the plaintiff and others; that he was in general charge of the work and that after he had been told what to do, he went ahead without consulting others above him, and was responsible for what he and the men under him did. 2. In such a case the plaintiff’s contributory negligence is for the jury where it appears that the plaintiff, an inexperienced colored man knowing nothing about unloading cars, was given an order to proceed in a great hurry to cut supports holding lumber on the cars, and that in cutting the supports, as ordered by defendant’s superintendent, the lumber fell upon him and injured him; and it further appears that the method adopted of unloading the car was inherently dangerous. Evidence — Witness—Credibility. 3. Although a witness may have suffered an illness which at times may have affected his mentality, his testimony will not be excluded if it appears that it was thoughtful, to the point, and consistent with other testimony in the case.