Wabash Screen Door Co. v. Black

Citations

• 126 F. 721
• 61 C.C.A. 639
• 1903 U.S. App. LEXIS 4358

Syllabus

<p>1. Injury to Servant — Defective Machinery — Questions for Jury.</p> <p>In an action for the death of an employé alleged to have been caused by the bursting of a defective wooden pulley constructed by defendant, where the pieces of the pulley were in evidence, and experts testified therefrom to its improper construction, pointing out its defects and weaknesses, and there was no evidence that such pulleys were used by others, the questions whether the pulley was defective and whether defendant was guilty of negligence in using it were properly submitted to the jury.</p> <p>2. Same — Manner of Injury — Province of Jury to Determine.</p> <p>In the absence of direct evidence as to the manner in which a servant was killed, in an action for his death, while the jury should not be permitted to speculate, in the sense of guess, between different causes, the mere suggestion of theories by the defense which may have no reasonable foundation in the evidence does not reduce the matter to one of speculation, and disqualify the jury from determining the cause, where there is evidence which, although circumstantial, gives reasonable support to the allegations of plaintiff.</p> <p>8. Same.</p> <p>Plaintiff’s intestate was an oiler in defendant’s manufacturing plant. While at work in a room containing shafting a large wooden pulley burst, the pieces flying in different directions, and the deceased was found on the floor near the shaft, with one side of his skull crushed in, and a scalp wound on the other, and fatally injured. There was no direct testimony as to the manner of his injury, which plaintiff alleged was caused by his being struck by a piece of the broken pulley. Held, that there was sufficient evidence to warrant the submission of the question to the jury under proper instructions as to the burden and measure of proof.</p> <p>4. Witnesses — Cross-Examination—Showing Relation of Witness to Case.</p> <p>Where, in an action against a master for the death of a servant, def