St. Louis S. F. R. Co. v. Hale
St. Louis S. F. R. Co. v. Hale
Opinion of the Court
Appellee, a resident of the state of Oklahoma, instituted this suit against the appellant, alleging that defendant is incorporated under the laws of the state of Missouri, and operates a line of railway in *412 Oklahoma, Arkansas, and Grayson county, Tex., and that plaintiff was in the employ of defendant as a hrakeman, and while in the performance of his duties was through the negligence of the defendant seriously and permanently injured; that plaintiff was injured at the town of Arkinda; that he was rear hrakeman on a freight train, and while attempting to unload a heavy metal shaft with two metal wheels fastened at one end, on account of the negligence of the conductor, Cook, who was assisting plaintiff in unloading said freight, the cotter key on the shaft caught in plaintiff’s glove, throwiug him from the car and injuring him. After a motion to quash service was overruled, defendant answered by general denial, contributory negligence, assumed risk, and that, if plaintiff was injured, it was through no negligence of defendant, but was the result of an accident. A trial resulted in a verdict for plaintiff in the sum of $3,750, and .defendant appeals.
The other assignments relate to alleged errors in the charge of the court and the refusal to give charges requested by appellant. We find no error in the court’s charge, nor in the refusal to give special charges. In so far as the special charges were applicable, they were sufficiently covered by the main charge.
Finding no reversible error in the record, and the evidence supporting the judgment, it is affirmed.
Reference
- Full Case Name
- St. Louis & S. F. R. Co. v. Hale
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