(Download) "Moleton v. Union Pac. R. R. Co. Et Al." by Supreme Court Of Utah " eBook PDF Kindle ePub Free
eBook details
- Title: Moleton v. Union Pac. R. R. Co. Et Al.
- Author : Supreme Court Of Utah
- Release Date : January 29, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
PRATT, Chief Justice. This is an appeal from a judgment dismissing plaintiff's action on motion for non-suit against defendants
for $100,000 damages for injuries received by plaintiff while working in the yards of the defendant railroad company at Laramie,
Wyoming, on the 22nd day of November, 1945. The foundation of the causes of action alleged is that plaintiff was an iceman employed to, among other things, descend into
bunkers on refrigerator cars to regulate burning heaters which generate carbon-monoxide gas. Plaintiff was 53 years of age
at the time. He climbed upon the cars by means of a ladder and opened the necessary plug or hatch. He then proceeded to two
other cars and opened one plug on each. In performing this work he walked along the top of the cars and did not dismount.
The opening of the plugs was to let the carbon-monoxide gas out, and to enter the bunkers to get at the heater. Returning
to the first car, after about four minutes taken up in opening plugs and passing from one car to the other, he descended by
means of a ladder and shut off the burning heater of the first car. He climbed out of the bunker, closed the plug and proceeded
on to the next car. Here he repeated the same performance; and then proceeded to the third car which he estimated had by this
time been open at its plug for some ten to twelve minutes. He repeated the same performance here; but when he climbed out
in the fresh air and closed the plug he recalls nothing further until he regained consciousness lying on the ground near the
car from which he had apparently fallen. This third car was No. FDEX9084. Plaintiff knew that the safe way to clear these
bunkers of gas was to open the plugs at both ends. He did not do this in this instance, as he claimed he was instructed by
his foreman that this train was in a hurry. Furthermore, on two of the cars one each of the two plugs was sealed, and he was
not permitted to break seals upon his own initiative. He could not say, however, that the car from which he apparently fell
had any plug sealed.
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