Gulf, C. & S. F. Ry. Co. v. Ford
Gulf, C. & S. F. Ry. Co. v. Ford
Opinion of the Court
This is an appeal from a judgment of $900 rendered in favor of ap-pellee and against appellant for personal injuries received by appellee while in the service of appellant.
The first to seventh assignments of error, inclusive, complain of the court’s refusal to grant a new trial because the verdict and judgment are not supported by the evidence.
The evidence shows that appellee was in the employ of appellant, and as such employe was to do and perform such duties as directed by appellant’s foreman. The appellee, with others, was directed to move an engine with pinch bars. A pinch bar is thus shaped:
In using it the toe and heel are placed on the rail, and the toe shoved up as near as possible to the wheel, and the handle extending upward and outward, then press down on the handle, and the engine will roll along the track. While appellee was so using the bar, it slipped, jerking the body of appellee and severely wrenching his neck, thereby damaging him to the amount of the judgment, $900. The pinch bar was defective, being worn smooth at the heel, which caused it to slip. The defect was unknown to appellee, and he did not assume the risk of such defect. A recovery was based upon the evidence of the appellee, and, while it was corroborated in one or two particulars, it was contradicted in others.
The judgment is affirmed.
Reference
- Full Case Name
- Gulf, C. S. F. Ry. Co. v. Ford. [Fn&8224]
- Cited By
- 1 case
- Status
- Published