Chicago, M. & St. P. Ry. Co. v. Mills

Citations

• 187 F. 800
• 109 C.C.A. 560
• 1911 U.S. App. LEXIS 4237

Syllabus

<p>Master and Servant (§ 286*) — Master’s Liability for Injury to Servant-Dangerous Place to Work.</p> <p>Plaintiff’s intestate was employed -by defendant railroad company about an elevated coal chute, for coaling engines, in helping to unload cars, which were drawn up an inclined track by a cable, and, when unloaded, were allowed to run down by gravity. There was a spring switch in the track, so adjusted that the ascending car would open it, after which it would automatically close, so as to run the descending car onto a track used for empties. Plaintiff’s intestate had assisted in unloading a ear which was at the chute in the morning, and had gone down to fix an-, other car to pull up, when the empty car ran over the switch upon the-loaded track, and struck and killed him. The switch was set wrong, and had probably been tampered with; there being a lever by which it could be so set that it would not operate automatically. Held, that the failure of defendant to keep it locked, or otherwise so equipped as to prevent its being tampered with, rendered the place an unsafe place to ’>vork, and that the case was properly submitted to the jury.</p> <p>[Ed. Note. — For other eases, see Master and Servant, Cent. Dig. §§ 1010-1050; Dec. Dig. § 286.*] •</p>