Lewis v. Wabash R. Co.

Decision Date19 October 1909
Citation142 Mo. App. 585,121 S.W. 1090
PartiesLEWIS v. WABASH R. CO.
CourtMissouri Court of Appeals

Plaintiff's back and groin were injured, besides bruises on various parts of his body which made him sore and stiff, and which continued to the trial. He testified that his arm and shoulder still hurt him, that he had pains through the right chest to the top of the shoulder and collar bone, and that he suffered pains in his back and through the groin. He was in the hospital for several days, and since the accident had not been able to sleep on his right side or do heavy work. His earning capacity had been diminished, and he had lost time from work. Held, that a verdict for $1,000 was not excessive.

Appeal from Circuit Court, Audrain County; Jas. D. Barnett, Judge.

Action by R. J. Lewis against the Wabash Railroad Company. Judgment for plaintiff, and defendant appeals. Affirmed.

This plaintiff was hurt while working as an employé of defendant in its yards at Moberly. In said yards were a turntable, a locomotive house, and a brick archway about 50 feet in length, through which engines were run to and from the turntable. The space between the parts of the wall of the archway and a locomotive when one was on the track in it was not wide enough for a man to pass. There were what the witnesses called brick "benches" jutting from the side of the wall, and a person would be caught between them and the engine. Paul Plowman was a hostler in the yards, and it was his duty to act as engineer in running locomotives back and forth through the archway. Sometimes a locomotive would stand for a while under the archway, and the usage was to give warning by whistling or ringing the bell of an intention to start it before starting, so any one in the archway or working about the engine might take precautions to prevent himself from being caught between the wall and the engine. Plaintiff's duty was to see that the oil cans on locomotives were kept full, and to do this it was necessary for him to climb on the engines. One evening while a locomotive was standing under the arch, and Plowman, the hostler or engineer, was in the cab, plaintiff approached the engine for the purpose of attending to the oil cans. The evidence goes to prove Plowman was aware of plaintiff's movements and purpose; but, just as plaintiff put his foot on the step of the engine to board it, Plowman, without whistling or ringing the bell, opened the throttle and started the engine forward suddenly, catching plaintiff between it and the wall or "benches" projecting therefrom, and rolling him along between them until the engine emerged from the archway, when he fell to the ground, after having been carried 30 feet or more. He reported the accident to the foreman, but remained in the yards two or three hours, when he felt so bad he had to go home, and the next day he entered defendant's hospital, where he remained under treatment for more than a month. The physician in charge of the institution said that when plaintiff entered he was suffering from a severe contusion of the right thorax, was unable to move his right shoulder, was treated for these injuries while in the hospital, and was discharged "in fairly good shape." Plaintiff's testimony was that he received other injuries, to wit, to the back and in the groin, besides bruises about various portions of his body which made him sore and stiff and had continued to the date of the trial. He testified his arm and shoulder still hurt him, that he still had pains through the right chest to the top of the shoulder and collar bone, had suffered from pains in his back and through the groin while he was in the hospital, and the third day he was there had coughed up blood, since the accident never had been able to sleep on his right side, could do no heavy work, his earning capacity had been diminished, and he had lost time from work. For defendant the testimony was that...

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25 cases
  • Graczak v. St. Louis
    • United States
    • United States State Supreme Court of Missouri
    • April 21, 1947
    ......443, 144 S.W. 852; Landcaster v. Natl. Enameling & Stamping Co., 1 S.W. (2d) 238; Chulick v. American Car & Foundry Co., 199 S.W. 437; Lewis v. Wabash R. Co., 142 Mo. App. 585, 121 S.W. 1090; Kettlehake v. American Car & Foundry Co., 171 Mo. App. 528, 153 S.W. 552; Hjelm v. Western Granite ......
  • Mooney v. Terminal Railroad Association, 38122.
    • United States
    • United States State Supreme Court of Missouri
    • January 3, 1944
    ......So. R. Co., 337 Mo. 79, 85 S.W. (2d) 116; Cochran v. Thompson, 148 S.W. (2d) 532; Karr v. C., R.I. & P.R. Co., 108 S.W. (2d) 44; Martin v. Wabash R. Co., 30 S.W. (2d) 735; Ingram v. M. & O.R. Co., 30 S.W. (2d) 989; Toledo, St. L. & W.R. Co. v. Allen, 276 U.S. 165, 48 S. Ct. 215, 72 L. Ed. 513; ...App. 44; Beckerman v. Jewelry Co., 175 Mo. App. 279; Schumacher v. K.C. Breweries Co., 247 Mo. 141; Maginnis v. Mo. Pac. R. Co., 268 Mo. 667; Lewis v. Railroad, 142 Mo. App. 585; Rollison v. Wabash Ry. Co., 252 Mo. 525. (14) Counsel may question statements of his witness without impeaching the ......
  • Neal v. Curtis Co. Mfg. Co.
    • United States
    • United States State Supreme Court of Missouri
    • July 28, 1931
    ......Collins v. Rankin Farms (Mo. App.), 180 S.W. 1053; Livington v. Ins. Co., 3 L. Ed. 421; Williams v. Fleming (Mo.), 284 S.W. 794; Lewis v. Railroad Co., 142 Mo. App. 585; Rutledge v. Ry. Co., 123 Mo. 121. (3) The court erred in giving and reading to the jury co-defendant's instruction ......
  • Neal v. Curtis & Co. Mfg. Co.
    • United States
    • United States State Supreme Court of Missouri
    • July 28, 1931
    ...... Collins v. Rankin Farms (Mo. App.), 180 S.W. 1053; Livington v. Ins. Co., 3 L.Ed. 421; Williams v. Fleming. (Mo.), 284 S.W. 794; Lewis v. Railroad Co., 142. Mo.App. 585; Rutledge v. Ry. Co., 123 Mo. 121. (3). The court erred in giving and reading to the jury. co-defendant's ......
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