Skinner v. Davis
Decision Date | 30 December 1925 |
Docket Number | No. 24713.,24713. |
Citation | 280 S.W. 37 |
Parties | SKINNER v. DAVIS, Director General of Railroads, etc. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Jackson County; O. A. Lucas, Judge.
Action by Wilber E. Skinner against James C. Davis, Director General of Railroads and Agent designated by the President under Transportation Act of 1920 (U. S. Comp. St. Ann. Supp. 1923, § 10071 ¼cc). Judgment for plaintiff, and defendant appeals. Affirmed.
Superseding former opinion, 271 S. W. 992.
W. F. Evans, of St. Louis, and H. S. Conrad, L. E. Durham, Hale Houts, and Guthrie & Conrad, all of Kansas City, for appellant.
Hogsett & Boyle, of Kansas City, for respondent.
HIGBEE. C.
The statement by appellant's counsel is as follows:
Plaintiff was 21 years of age and had just passed a physical examination at the time of his injury. The coach in which he was riding was demolished and he was pinned under the wreckage. He suffered a compound comminuted fracture of the tibia and fibula, and a fracture of the bone in the knee joint of the right leg. The crucial ligaments binding the knee joint were torn loose from their fastenings, leaving a weak, insecure joint. There is a bowing of the tibia (shin bone) where the fracture has healed, and the fibula at the knee joint is half an inch out of place. There is almost complete anky-losis of the ankle and foot. There are scars along the front of the leg adherent to the shin bone which are a source of pain, over which plaintiff wears a pad. The tendon of Achilles was cut to let down the heel. Plaintiff can walk but little and that with the aid of a cane. He received an injury to the other knee which left it stiff for a few months. The bones in the right leg were set three different times. This leg was suspended in a Balcom frame for several weeks with ten drainage tubes and discharged so much pus that for a while the bed clothing had to be changed four times a day. He was in different hospitals for about 14 months and suffered much pain. There is general atrophy of the leg and foot and the leg is shortened about an inch from the knee to the ankle. The injuries are permanent.
Dr. Skogg, a...
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