[Download] "Boulder Valley Coal Co. v. Jernberg" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Boulder Valley Coal Co. v. Jernberg
- Author : Colorado Supreme Court
- Release Date : January 23, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The court, over objection, instructed the jury that the rule of res ipsa loquitur applied. Even assuming that there may have been a defect in the chute and that such defect caused the piece of coal to become lodged so that it was necessary to loosen it by force, still such defect was a remote, not proximate, cause of plaintiffs injury. While so lodged, the piece of coal was harmless. The testimony was undisputed that the coal when not lodged, did not run out of the chute by gravity, but had to be pushed out. Plaintiff was fully aware of the unusual weight of the piece of coal; of its being lodged, and that it would fall when pulled over the edge of the lip; and he testified that he was reaching up to take hold of it with defendants employee in an attempt to dislodge it, when the employee jerked it loose and it struck him. The proximate cause was either the jerking loose of the piece of coal, the unexpected course of its fall, the failure of plaintiff to support it due to its unexpected weight, or plaintiffs loss of balance or slipping from the truck box.
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