Gavisk v. Pacific Railroad
Supreme Court of Missouri
Appeal from, Johnson Circuit Court. I. The court erred in permitting the letter of Taylor to be read in evidence. II. The court erred in refusing to allow the conductor to answer the question as to what would have been the effect if Gavisk had held on to the brake. There is no objection to it on the ground that he was not an expert.
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Appeal from, Johnson Circuit Court. I. The court erred in permitting the letter of Taylor to be read in evidence. II. The court erred in refusing to allow the conductor to answer the question as to what would have been the effect if Gavisk had held on to the brake. There is no objection to it on the ground that he was not an expert. He had been brakeman and conductor eleven years, and, feeling shocks twenty times a day, it would be impossible to produce a man better qualified to answer, the questions, and state whether the shock was sufficient to throw off a man who had braced himself as a…
1Opinion of the CourtBliss, Judge
This suit was brought under 'the second section of the damage act. (Wagn. Stat. 519.) The plaintiff’s husband was employed by the company about a switch, and among his duties was to get on cars and let off and set brakes. A freight train was coming, and the conductor desired to throw eleven of the cars on the switch without stopping the train. To do this the conductor detached the engine while running, and then detached the eleven cars from those following. The switch was thrown open after the engine passed, so that the eleven cars entered upon the sidetrack, and then .closed in time for the…
2Cited by14 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- Eubank v. City of EdinaSupreme Court of Missouri · 1886
- Dillard v. StateMississippi Supreme Court · 1880
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