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INLAND & SEABOARD COASTING CO. V. TOLSON, 139 U. S. 551 (1891)

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U.S. Supreme Court

Inland & Seaboard Coasting Co. v. Tolson, 139 U.S. 551 (1891)

Inland and Seaboard Coasting Company v. Tolson

No. 229

Argued March 19, 1891

Decided April 6, 1891

139 U.S. 551

ERROR TO THE SUPREME COURT

OF THE DISTRICT OF COLUMBIA

Syllabus

In an action by a wharflinger against a steamboat company for crashing his foot between the timbers of a wharf by the violent striking of a steamboat against the wharf while touching there to receive freight from him in calm weather, there was conflicting testimony from the plaintiff and from those on board the steamboat as to the negligence of either party, including evidence that the plaintiff immediately after the injury, and again the next morning, admitted that he was hurt by his own fault. Held that the defendant had no ground of exception to the following instructions

(1) That the shock and pain might render the plaintiff incapable of telling exactly how the thing took place, and that his making different statements at different times did not necessarily imply an intention to mislead, and therefore the jury might look at any difference in his statements in that point of view.


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