St. Louis & San Francisco Railway Co. v. Bricker
Supreme Court of Kansas
Error from Sumner district court; W. T. McBride, judge. STATEMENT. The defendant in error recovered a judgment in the court below for personal injuries sustained while in the employ of plaintiffs in error in the capacity of bridge repairer. He was working in company with several others, under the direction of D. A. Bower-sock, foreman, who was superintending the repair of bridges.
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Error from Sumner district court; W. T. McBride, judge. STATEMENT. The defendant in error recovered a judgment in the court below for personal injuries sustained while in the employ of plaintiffs in error in the capacity of bridge repairer. He was working in company with several others, under the direction of D. A. Bower-sock, foreman, who was superintending the repair of bridges. At the time of the accident Bricker was engaged with the others in the work of removing old timbers from a bridge over a dry ravine, or gully, and putting in new timbers. The railroad and bridge ran from northeast…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
The findings of the jury being inconsistent with one another, the verdict cannot stand. It is found that the direct cause of the injury was the failure of the foreman in charge of the bridge repairers to give timely warning to the defendant in error, and neglect of the foreman to inform the men who were unloading the timbers that there was any one under the bridge at work. It is also found that defendant in error knew that his coemployees were at work above him, and that they were about to throw off a stick of timber. This, coupled with the…
2Cases cited1 opinion
- Shoemaker v. St. Louis & San Francisco Railway Co.Supreme Court of Kansas · 1883
3Cited by2 opinions
- Francis v. BrockSupreme Court of Kansas · 1909
- Dickerson v. WaldoSupreme Court of Oklahoma · 1903