Inland & Seaboard Coasting Co. v. Tolson

Citations

• 139 U.S. 551
• 11 S. Ct. 653
• 35 L. Ed. 270
• 1891 U.S. LEXIS 2408

Syllabus

<p>In an action by a wharfinger against a steamboat company for crushing his foot between the timbers of a wharf by the violent striking of a steamboat against the wharf, while touching there to receive freight from him, in calm weather, there was conflicting testimony from the plaintiff and from those on board the steamboat ks to' the negligence of either party, including evidence that the plaintiff, immediately after the injury, and again the next morning, admitted that he was hurt by his own fault. Held, that the defendant had no ground of exception to the following instructions :</p> <p>(1) That the shock and pain might render the plaintiff incapable of' telling exactly how the thing took place,'and that his making different statements at different times did not necessarily imply an intention to mislead, and therefore the jury might look at any difference in his statements in that point of view.</p> <p>(2) That it would baprima facie evidence of the defendant’s negligence, if the steamboat was thrown with such force against a wharf properly built as to tear up some of the planks; or if it was dangerous to make a stern landing, with neither captain nor pilot in the pilot-house, and Under the other circumstances proved.</p> <p>(3) That any negligence of the plaintiff, directly contributing to the injury, would.incapacitate him from recovering; and that if he negligently placed his foot between timbers of the wharf, and allowed it to remain there while the steamboat was departing, and it was injured while so placed, it was for the jury to decide whether there was such negligence as would disentitle him from recovering.</p> <p>(4) That the burden of proof was on the defendant to show that the plaintiff was negligent and that his negligence contributed to the injury.</p> <p>(5) That contributory negligence of the plaintiff would not prevent him from recovering, if the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of t