Stuck v. Keta Gas & Oil Co.
Stuck v. Keta Gas & Oil Co.
Opinion of the Court
Opinion by
Appellant commenced wrongful death and survival-actions against appellee and Keta Gas & Oil Company, Inc., which actions resulted in a jury verdict for appellee, Keta Gas having obtained judgment in its favor prior to trial. This appeal followed the refusal of appellant’s motion for new trial and entry of judgment on the verdict.
Harold Stuck, an employee of the Keta Gas & Oil Company, Inc., was killed when struck on the head by
Shortly after the arrival of the tractor and trailer bearing the A-frames, another employee of appellee backed a flat bed winch or hoisting truck to a point about three feet from the center of the A-frames and at right angles with the left side of the A-frames as carried on the trailer.
Harold Stuck had been working on the substructure and stepped from it onto the A-frames to help with the unloading of the A-frames. While Harold Stuck was on the A-frames, the chain was unfastened and a winch line from the hoist truck was fastened around the A-frame nearest the hoisting truck. After the winch line was fastened to the A-frame, an attempt was made to lift it. This was unsuccessful because as soon as an
Appellant’s contention is that Harold Stuck got on the back of the winch truck and it started to move and the winch line must have been wrapped around part of the A-frame which caused the A-frame to fall. If there, was any proof or circumstances proved from which an inference could be drawn that such* event did .occur, it would be a question for the jury. There is, however, no such proof, but rather, the evidence shows that such was not the fact. Nevertheless, the trial judge submitted the case to the jury. There was a great deal of testimony which was all to the effect that an accident-occurred but no evidence was produced which would' allow even an inference of what caused the accident.. There was not sufficient evidence to warrant the submission of this case to the jury. The trial judge recognized this when, in his opinion sur motion for new trial, he said: “Possibly the court in this case should have refused to have allowed this case to have gone to the jury”, and: “Whether or not there was such evidence was left to the jury and this court feels that the verdict of the jury was based on the evidence and
Appellant urges several reasons for a new trial. It is unnecessary for us to consider any of them in the light of this record which is devoid óf any évidence of negligence on the part of appellee.
Judgment affirmed.
Any one of the three poles of a hoisting gin: a single pole held, in a nearly vertical position by guys that support a block and tackle used for lifting loads.
A 3 piece frame put together like the lines of a capital A and used to support or hold in position a heavy weight, a hoist, a shaft, or a pipe.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.