Graham v. Chicago, St. P., M. & O. Ry. Co.

• Decision Date: 04 September 1894
• Citation: 62 F. 896
• Parties: GRAHAM v. CHICAGO, ST. P., M. & O. RY. CO.
• Court: U.S. District Court — District of Minnesota

62 F. 896

GRAHAM v. CHICAGO, ST. P., M. & O. RY. CO.

United States Circuit Court, D. Minnesota, Second Division.

September 4, 1894

The failure of a railroad company to securely fasten the ends of a car which are on hinges, so as to allow the car to be used as a flat car by dropping the ends inward, is not negligence so as to render the company liable to a brakeman who, in getting off the car, is thrown beneath the wheels by the end falling in, he having used it as a support.

Motion by defendant for new trial. The plaintiff, a brakeman in the service of the defendant company for more than six years suffered personal injuries on February 25, 1892, in attempting to alight from a coal car. He was precipitated under the moving cars, and his right arm badly crushed necessitating amputation. It was the duty of the plaintiff to aid in distributing freight cars and making up a mixed train at Kasota Junction, on defendant's road, in this district. There was a grade at or near the station at this junction, and a part of plaintiff's duty was to mount moving cars coming down this grade, and set the brakes to stop them, so they would not run into and injure stationary cars farther down the track. In pursuance of his duty, the plaintiff had mounted a string of moving cars, and, in alighting from a coal car in this string, was injured. This car was called a 'Gondola,' which usually has hand holds at each end, to aid brakemen in ascending and descending therefrom, and also end gates or end boards hinged to the floor of the car, and so made that they could be fastened upright or perpendicular to the floor by hooks and staples, or laid down inward on the floor. In attempting to alight from this car, the plaintiff took hold of the top of one of the end gates, which was upright, and, as he gave a spring to jump off, it fell inward, and he was thrown with his arm on the track. On the trial, the jury found a verdict for the plaintiff. A motion is now made for a new trial, for errors apparent on the record.

Henry A. Morgan and John A. Lovely, for plaintiff.

Thomas Wilson, Lorin Cray, and S. L. Perrin, for defendant.

NELSON District Judge.

This gondola car was constructed with reference to carrying coal and bulky articles and lumber. It was not out of repair or improperly constructed. The injury to the plaintiff did not result from the want of a hand hold on the car, for the plaintiff admits that he know there was...