St. Louis-San Francisco Railway Co. v. Lane

Hart, J., (after stating the facts).

It is first earnestly insisted by counsel for the defendant that the evidence is not legally sufficient to warrant the verdict.

We do not agree with counsel in this contention. According to the testimony of the plaintiff, while it was not customary to give signals before moving the car, still he did not have any chance to get his foot away after they pushed the car up the dump to the end of the ties. According to his testimony, his foot was caught under the wheels of the car by the other members of the car pushing it, without giving him any warning that they…