Thompson v. St. Louis-San Francisco Ry. Co.
| Citation | 274 S.W. 531 |
| Decision Date | 01 July 1925 |
| Docket Number | No. 3619.,3619. |
| Parties | THOMPSON v. ST. LOUIS-SAN FRANCICO. RY. CO. |
| Court | Court of Appeal of Missouri (US) |
Appeal from Circuit Court, Greene County; Orin Patterson, Judge.
Action by Jordon W. Thompson against the St. Louts-San Francisco Railway Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
W. F. Evans, of St. Louis, and Mann & Mann, of Springfield, for appellant.
Claude Wilkerson, of Sedalia, and Warren L. White, of Springfield, for respondent.
Action for damages for personal injury. Verdict and judgment for plaintiff and defendant appealed.
Plaintiff was in the employ of defendant as a day laborer at its shops in Springfield. Defendant had several tracks running east and west under an open shed on which cars were placed while being repaired and rebuilt. On the day of the injury to plaintiff a freight car that was being rebuilt stood on the north track at or near the edge of the shed. Another car stood on the same track immediately west of the freight car. These two cars seem to have been the only cars on that track at that time. The car that was being rebuilt had nothing above the floor except the posts and belt rails. The belt rails were laterals placed there to which the boxing was to be nailed. In working upon the cars workmen put up scaffolds on which they stood white working. Plaintiff was directed to assist in moving the freight car eastward on the track. He took a position at the west end of the car to push it while other workmen took positions along the side of the car to assist in moving it. The first attempt at moving the car failed. It was then discovered that a block was under one wheel of the car. This block was knocked out, and they were then able to move the car. It had moved some 2 or 3 feet when a timber fell and struck plaintiff on the head and inflicted the injury which is made the basis of this suit. The timber that struck him was about 3 inches thick, 10 inches wide, and 20 feet long. Without detailing the evidence, we may say that we think it was sufficient to sustain a finding that the timber which struck plaintiff fell from the car he was helping to move. That is as far as the evidence goes. The evidence does not show where this timber was located on the car, how long it had been there, or whether its position was such as to have caused any one who might have seen it to believe that it would fall if the car were moved.
Plaintiff's action is based on the alleged negligence of defendant in not using ordinary care to furnish him a reasonably safe place in which to work. It was therefore incumbent upon him to prove the negligence alleged in his petition. The injury is...
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