Bohme

Preliminary Statement

Defendant, Southern Pacific Company, appeals from a judgment in favor of plaintiff awarding damages in the sum of $86,418. The judgment is entered upon a jury verdict finding total damages in the sum of $96,020, but reducing this amount by 10 percent based upon a finding of that percentage of negligence attributable to plaintiff. Plaintiff’s action was brought under the provisions of the Federal Employers’ Liability Act to recover damages for injuries sustained as a result of a fall from a ramp or walkway suspended between two locomotive engines in defendant’s repair yard. Defendant’s motion for a new trial was denied and this appeal followed.

Statement of Facts

On January 14, 1967, at approximately 8:30 a.m., in the “Taylor Diesel Ramp” at Los Angeles, California, owned and operated by defendant, plaintiff, then 67 years of age, was employed by defendant as an electrician working on steam generators. He had been employed in this line of work by defendant for approximately 17 years next preceding the date of the accident.

Plaintiff started work at 7 a.m., inspected several locomotive units, then began work on Unit 3, near which he was later…