19 P. 191 (Utah 1888), Pidcock v. Union Pac. Ry. Co.

Citation:19 P. 191, 5 Utah 612
Opinion Judge:ZANE, C. J.:
Party Name:RALPH A. PIDCOCK, RESPONDENT, v. UNION PACIFIC RAILWAY COMPANY, APPELLANT
Attorney:Mr. P. L. Williams, for appellant. Mr. P. H. Emerson, for respondent.
Judge Panel:ZANE, C. J. HENDERSON, J., and BOREMAN, J., concur. HENDERSON, J., and BOREMAN, J., concur.
Case Date:August 27, 1888
Court:Supreme Court of Utah
 
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Page 191

19 P. 191 (Utah 1888)

5 Utah 612

RALPH A. PIDCOCK, RESPONDENT,

v.

UNION PACIFIC RAILWAY COMPANY, APPELLANT

Supreme Court of Utah

August 27, 1888

APPEAL from a judgment of the district court of the first district and from an order refusing a new trial. The opinion states the facts.

Affirmed.

Mr. P. L. Williams, for appellant.

Mr. P. H. Emerson, for respondent.

ZANE, C. J. HENDERSON, J., and BOREMAN, J., concur.

OPINION

ZANE, C. J.:

This action was brought to recover damages for injuries suffered by the plaintiff because of defendant's negligence. The plaintiff had been in the employ of the defendant, at the time of the injury, six or seven months, acting as brakeman or switchman in placing cars in the yard, and in making up trains. He had been so acting, during the night, until six or seven days before the injury, and the remaining time during the day. On the 10th day of September, 1886, the plaintiff, under the direction [5 Utah 613] of J. H. Frawley; his foreman, was engaged in moving five flat cars loaded with salt from the main track to house 2 track. As the train was moving south, at eight or ten miles an hour, plaintiff was directed by Frawley to throw house 2

Page 192

switch, and catch the cars as they might come down. In obeying this order, plaintiff passed to the rear and east side of the car on which they were riding, and got down upon a step, and stood with one foot resting on some part of the truck, with his face to the car, and leaning against it, with his arms over the side board, ready to get off on reaching some convenient place. While in that position, the bulge of the stand of a switch leading to the weighing scale struck him near the hip, and knocked him off. His left hand went under the wheel, and was so crushed that it became necessary to amputate the arm about half way between the hand and the elbow. The distance from the bulge of the switch-stand to the side of the car was nine or ten inches. The defendant's printed rules to govern train-men and others in its employ were given in evidence, with the certificate of the defendant's superintendent that plaintiff had been examined on them. Of these rules the one hundred and fiftyfifth is as follows: "No wood, timber, freight, or material of any kind will be allowed within six feet of the main track. No buildings of any description will be allowed nearer than six feet to the main track, nor nearer than five feet to any side track. Trees or other obstructions liable to fall on the track must be immediately cut down or removed." The plaintiff said that he knew of this rule, and expected to find the track clear; that he knew there was a switch-stand there, but did not know, and had never been informed, that it was so near. The evidence showed that...

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