Galusha v. Chicago Great Western Ry. Co.

Citations

• 165 F. 333
• 91 C.C.A. 319
• 1908 U.S. App. LEXIS 4760

Syllabus

<p>Master and Servant (§ 286*) — Action for Injury to Servant — Smnonavr of Evidence — Defects in Railroad Oar.</p> <p>Plaintiff, a switchman employed by defendant railroad company, while switching was riding on the side of a. freight car, standing on a stirrup a few inches below the bottom of the car. In stepping down, .while the train was moving slowly, lie fell in some way, and one of liis legs was run over. It was dark, and lie carried a lantern. lie testified that on stepping down one of his feet was caught in the stirrup by a bolt which projected from the bottom of the car to within three inches of the stirrup, and such defect was alleged as the ground of recovery. The car was identified as one of four foreign refrigerator cars which had been inspected when received by defendant shortly before. They were again examined by employes immediately after the accident, to discover, if possible, its cause, and other inspections were afterward made by others than defendant, but none disclosed the condition testified to by plaintiff, but, on the contrary, in no case did the bolt reach within less than 7% inches of the stirrup. l[old, that such evidence was sufficient, as against the meager and indefinite testimony of plaintiff, to disprove the existence of the alleged defect, and in any event of any such defect as to show negligence in inspection, and justified the direction of a verdict for defendant.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 1020; Dec. Dig. § 280.*]</p>