Missouri Valley Bridge & Iron Co. v. Ballard

SPEER, Associate. Justice.

Harry Ballard sued the Missouri Valley Bridge & Iron Company and the Southern Kansas Railway Company "of Texas and recovered a judgment for ten thousand dollars damages for injuries received while in the employ' of said companies, resulting in what is known as caisson paralysis. Inasmuch as many of the errors assigned are predicated upon the court’s charge, it is here set out:

“First: ‘Ordinary care’ is that degree of care that an ordinarily prudent person would exercise under the same or similar circumstances.

“Second: ‘Negligence,’ as the term, is used in this…