Stone v. Chicago & N. W. Ry. Co., 26970.
| Decision Date | 21 December 1928 |
| Docket Number | No. 26970.,26970. |
| Citation | 222 N.W. 641,176 Minn. 104 |
| Court | Minnesota Supreme Court |
| Parties | STONE v. CHICAGO & N. W. RY. CO. |
Appeal from District Court, Goodhue County; W. A. Schultz, Judge.
Action by Laura Stone, special administratrix of the estate of George H. Stone, deceased, against the Chicago & Northwestern Railway Company. Judgment for defendant notwithstanding the verdict, and plaintiff appeals. Affirmed.
Tautges, Wilder & McDonald, of Minneapolis, for appellant.
Brown, Somsen & Sawyer, of Winona, Richard L. Kennedy, Wm. T. Faricy, and P. J. McGough, all of St. Paul, and Thos. Mohn and Horace Mohn, both of Red Wing, for respondent.
Plaintiff, as administratrix of the estate of her husband, George H. Stone, brought this action under the federal Employers' Liability Act to recover damages for his death, and obtained a verdict. Judgment was rendered for defendant notwithstanding the verdict, and she appealed therefrom.
Mr. Stone was foreman of a switching crew in defendant's yards at Kenosha, Wis., and was engaged in interstate commerce at the time of the accident which caused his death. His crew consisted of an engineer, a fireman, a head brakeman, a rear brakeman or fieldman, and himself.
The American Brass Company has an extensive plant at Kenosha which includes a large building more than 400 feet in length north and south, known as the wire mill. Large doors 20 feet in height are provided at the north end of the building for the passage of railway cars in and out. A railroad track enters the building from the north on a curve, and extends along the west wall to the south end of the building. The track is owned by the Brass Company, but extends northerly from the building to a switch by which it is connected with the tracks of defendant. A floor or loading platform extends along the east side of the track at the same height as the floor of cars standing on the track. This platform is supported on the side along the track by a concrete wall which curves at its north end to conform to the curve in the track. There is a space of about 10 feet between the north end of this wall and platform and the north wall of the building. At the north end of the platform, six steps set in concrete lead from the track level to the platform. The ends of the steps toward the track are flush with the face of the concrete wall. A photograph in evidence shows the situation clearly. At the time of the accident two heavy iron frames between 2 and 3 feet square used for carrying metal stood on the platform about a foot south of the top step. One of these frames was placed on the top of the other, and they projected slightly beyond the edge of the platform toward the track. The distance which they projected was estimated by one witness at 2 or 3 inches by others at less than that. Beyond these frames there were several reels of cable standing along the edge of the platform. These frames and reels had been in the same position for more than two weeks prior to the accident.
Mr. Stone's crew was the only crew which took cars in or out of this building. They made two trips daily for that purpose — the first to take out loaded cars, the second to place cars at the platform to be loaded. The cars were always pushed into the building by an engine behind them moving backward so that the engineer would be on the east or platform side where he could receive signals. On each side of a box car there is an iron ladder extending to the top at one end and an iron stirrup hung below the sill with a single grabiron above it at the other end. The ladder and stirrup on one side are respectively at diagonally opposite corners from the ladder and stirrup on the other side so that they are always in the same relative position whichever end of the car may be in front. When a car moved south into the building there was always a stirrup on the left-hand or platform side at the front end and a ladder on the same side at the rear end.
Mr. Stone and his brakemen rode on the cars when taking them into the building. Where two rode on the side of the same car, the one in the stirrup always dropped off at the foot of the steps leading to the...
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