Chatman v. Bryceland Lumber Co., Limited

• Decision Date: 30 June 1916
• Docket Number: 20648
• Citation: 139 La. 969,72 So. 704
• Court: Louisiana Supreme Court
• Parties: CHATMAN v. BRYCELAND LUMBER CO., Limited

72 So. 704

139 La. 969

CHATMAN v. BRYCELAND LUMBER CO., Limited

No. 20648

Supreme Court of Louisiana

June 30, 1916

Rehearing Denied October 16, 1916

Stubbs Theus & Grisham, of Monroe, for appellant.

S. C McGarrity, of Leesville, for appellee.

OPINION

PROVOSTY, J.

As the log road construction train of the defendant company, loaded with cross-ties, was going out into the woods upon a log road in course of construction, and the cross-ties were being thrown off the cars to the side of the temporary track as the train went along, the woods superintendent sat at the top of the back end of the tender with his back towards the engine and, at his left, on the other corner of the back end of the tender, sat the rail-laying superintendent; while the plaintiff in this case was on the first car, within eight feet of them, with his back towards the engine, engaged in throwing off cross-ties which another man was pushing down to him from the pile of cross-ties on the car. The forward movement of the train brought sharply against a small tree which stood near the track a cross-tie which plaintiff was in the act of pushing off, and this caused the other end of the cross-tie to recoil against plaintiff and knock him off the car between the car and the tender, so that the front truck of the car ran over one of his thighs. Strange to say, the bone was not broken, but the muscles were badly bruised and lacerated, and some of them severed. The shock caused plaintiff to lose consciousness. There was considerable loss of blood, and while he was being conveyed back to the sawmill, and until anaesthetics could be administered, his sufferings were very great. It was two months before he could leave his bed, and one month more before he could go about on crutches. By the time of the trial, 17 months after the accident, he could go about without crutches, but had not yet the full use of the limb, so as to be able to do hard work -- plowing, for instance. And he still had pains in the member. The blow which he received from the cross-tie was on the breast. This caused him to spit blood for two weeks, and at the date of the trial would still sometimes cause him pain. The leg has been made an inch shorter, and has also shrunk -- the testimony says one inch -- whether circumference or diameter is not explained. The limb will in the course of time regain approximately its normal strength. He claims $ 8,000 damages. The jury...