Weeks v. Scharer

Citations

• 129 F. 333
• 64 C.C.A. 11
• 1904 U.S. App. LEXIS 4050

Syllabus

<p>1. Master and Servant — Injuries to Servant — Mines—Evidence—Self-Serving Statements.</p> <p>Where, in an action for injuries to a miner, negligence was alleged, in that defendant failed to promulgate and enforce a rule that the trapdoors at the top of the shaft should be closed when the hoist bucket was being unloaded at that place, evidence of defendant’s son that the superintendent of the mine was directed to instruct the empioyés that such doors should be closed at such times, offered in support of the testimony of plaintiff’s fellow servant, who alone testified that instructions concerning the closing of such doors had been actually given to the empioyés, is inadmissible, as being of a self-serving character.</p> <p>2. Trial — Argument to Jury — Misconduct of Counsel — Curing Error.</p> <p>Where, on the attention of the court being called to misconduct of plaintiff’s counsel in making a certain argument to the jury, which was not supported by the evidence, the court promptly sustained the objection, and directed the jury to disregard such improper statement, the error was cured.</p> <p>3. Fellow Servant — Incompetency—Superior Servant — Notice.</p> <p>Where a shift boss in a mine had no power to hire or discharge the workmen under him, but was merely a fellow servant of plaintiff of a superior grade or class, the fact that he had power to temporarily suspend workmen did not render him a vice principal, so as to charge the master with the knowledge of such shift boss as to the incompetency of a fellow servant, by whose negligence plaintiff was injured.</p>