(Download) "William G. Stubbs v. Kansas City Terminal" by Kansas City District Missouri Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: William G. Stubbs v. Kansas City Terminal
- Author : Kansas City District Missouri Court of Appeals
- Release Date : January 01, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a suit for personal injuries brought under the Federal Employers Liability Act by respondent which resulted in a verdict
for respondent in the amount of $8,500.00. Appellant filed a motion for new trial which was by the trial court overruled on
condition of remittitur of $2,000.00 with accrued interest thereon; alternatively, the trial court ruled that if such remittitur
was not made, the motion for new trial would be sustained "on the ground that the verdict was the result of bias, passion
and prejudice on the part of the jury against the defendant in favor of plaintiff." Respondent did in fact make remittitur
as required and the court then entered judgment for respondent in the amount of $6,500.00. Appellant has duly appealed to
this court. We shall refer to the parties as they appeared below. Plaintiff's duty as an employee of defendant was to handle sacks of mail and operate what is called a mail coding machine.
These machines had been in use by defendant only a short period of time and plaintiff had been operating the machine for only
about a month at the time of his injury. In the operation of this machine plaintiff would take a full mail sack from a conveyor
belt at his side and place it/in what is called the "hopper" of the machine. He would then push certain buttons on the coding
board which would determine the route the sack of mail would take on its way to its destination. When this was done, the mail
sack would fall down through the hopper onto a conveyor belt which would take it on its way. In some instances, the sack fell
directly onto the proper belt and was carried away. In other instances, a shuttle in the lower part of the machine would cross
over thereby pushing the mail sack onto a different conveyor belt to go on its way in a different direction. There were several
of these machines in a line beside the conveyor belt which brought the mail sacks to the various coding machines.