Union Pacific Railroad Company, a Corporation v. Laverl Johnson and Joleen Johnson, Husband and Wife, and Pacific Fruit Expresscompany, a Corporation

Plaintiff LaVerl Johnson on November 4, 1950, received a terrific shock from electricity while working..in a transfor mer sub-station of the Pacific Fruit Express Company at Pocatello, Idaho. He, as a laborer of Pacific Fruit, had been sent by his supervisor into the enclosure surrounding the sub-station to do some painting. Not knowing that wires which were part of the lightning arrester mechanism carried a powerful load of high voltage electricity, he came in contact with one of the wires. As a consequence of this, he had to suffer the amputation of both legs below the knees and of his right arm close to his shoulder. It is hard to imagine a more serious injury.

Plaintiff receives a certain modicum of compensation under the Idaho industrial compensation statutes which is charged against his employer, Pacific Fruit Express. Moreover, in the U. S. District Court in Idaho he sought and recovered judgment against the Union Pacific Railroad Company, a corporation and citizen of Utah, in this diversity case. His jury award was the sum of $225,000. Naturally Union Pacific has appealed.

Pocatello seems to be a junction or division point on the railroad. At least, we glean from the…