Home/Supreme Court of Missouri/Shunk v. Harvey

Shunk v. Harvey

223 S.W. 1066, 284 Mo. 343, 1920 Mo. LEXIS 72
CourtSupreme Court of Missouri
DecidedJuly 19, 1920
StatusPublished
Cited by1 cases

This text of 223 S.W. 1066 (Shunk v. Harvey) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shunk v. Harvey, 223 S.W. 1066, 284 Mo. 343, 1920 Mo. LEXIS 72 (Mo. 1920).

Opinion

*345 GOODE, J.

This plaintiff lost his left foot in consequence of the wheels of a car passing over it — a car which belonged to the defendant, Kansas City, Clay County & St. Joseph Eailway Company, but operated on the day of the accident, March 15, 1916, by the defendantants J. G. L. Harvey and Ingraham D. Hook, as the receivers of said railway company. The receivers have since been discharged and the railway properties turned back to the company, which assumed all pending liabilities incurred while the property was in the hands of the receivers, whether contractual or in tort. Plaintiff was the conductor in charge of a construction train, consisting of an electric-motor car, or engine, a flat car, called a “ditcher,” which carried a crane that raised and lowered a large scoop or shovel used to scrape up dirt, and a dump car, known as the Oliver Air Dump Oar, into which, as we understand, the dirt was spilled. A platform extended across each end of the dump car, and possibly three feet below the top edge of the body of it, and about four feet and a half above the gronád or railway track. This platform was a board, say three-quarters of an inch thick and a foot wide. Prom either end of it hung an iron ladder of two steps, of which the lower one was a little over two feet from the surface of the railway bed. The photographs which accompany the abstract of defendants show the arrangement of the dump car, the platform and ladders, and they are reproduced to aid the' reader to understand the facts of the case. According to the testimony the platform as constructed, and as it was when the car was purchased by the railway company, extended out flush with the sides of the body of the dump car; but when the train was at work, the chain by which the shovel was lifted would catch upon the ladders as the shovel was hauled up by the crane, and to correct this interference, the railway company cut eight inches off each end of the platform, thereby bringing the ends of it and the ladders fastened

*346

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Related

Rose v. Thompson
141 S.W.2d 824 (Supreme Court of Missouri, 1940)

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Bluebook (online)
223 S.W. 1066, 284 Mo. 343, 1920 Mo. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shunk-v-harvey-mo-1920.