Studer

Atchison, T. & S. F. Ry. Co. v. Studer

Good Law
213 F.2d 250·1954 U.S. App. LEXIS 3507
United States Court of Appeals for the Ninth CircuitMay 21, 195413636California905 words

Opinion

Opinion

Healy, J.

This is an appeal by the Santa Fe Railway Company from a verdict and judgment in damages entered against it in a suit under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq.

Appellee, a brakeman in appellant’s employ, suffered injury to his back while unloading a bundle of galvanized iron pipe from a refrigerator car, otherwise known as a reefer. This car was built for the purpose of carrying ice and perishables, but at the time in question was used for the carriage of miscellaneous freight. There were ice tank bulkheads across both ends of the car, extending 3 feet inwardly at either end. The inside length of the reefer between these bulkheads was 33 feet and 1% inches. The inside width was 8 feet 10 inches. At the center of the car were double doors through which freight was loaded and unloaded, these having a width of 5 feet, On being opened the doors folded back along the outer surface of the car and at the hinge side they extended some fches int° doorwaf space, thua offenn« a further P°sslble impediment to the removal of lengthy freight. The pipe Cíuestíon was ^ *nch Pipe 21 feet in len«th- There were 7 len«ths of P^e m the bundle> fastened together with wires…

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