George v. Gross & Janes Co.

GUNN, Judge.

Plaintiff appeals from a jury verdict in defendant’s favor in this personal injury action. The points of alleged error relate to the contributory negligence issue and verdict directing instruction. We affirm.

Plaintiff, an independent trucker, contracted with defendant to haul railroad ties from Glenallen to Whitewater, Missouri. Pursuant to established procedure, plaintiff drove his flatbed truck, piled high with ties, to the site where Jerry Carter, who was employed by defendant as a forklift driver, would unload them. Plaintiff unfastened the chains that secured the ties on the…