Raymond L. Sears v. Southern Pacific Company, a Corporation

Plaintiff prosecuted this suit under the provisions of the Federal Employers’ Liability Act [ 53 Stat. 1404 (1939), 45 U.S.C. §§ 51-60 (1958)], to recover damages for personal injuries sustained while employed as a brakeman by the defendant, Southern Pacific Company.

The facts can be simply stated. The defendant operated a spur track on the property of Evans Products Company. At the side of the track Evans maintained a machine known as a chiploader, part of which consisted of a chute through which wood chips were conveyed into freight cars. This chute extended over the track and could be raised and lowered, but when not in use it was kept raised to avoid interfering with passing trains. There was no “telltale” at this point but the frame of the machine was equipped with lights and bore a sign reading, “Impaired Clearance.”

The accident occurred before dawn, while it was still dark. Plaintiff was standing on top of a freight car; the lights on the chiploader were not burning and the chute was in a lowered position. Plaintiff had previously worked in the yards and knew the chute was sometimes left down; but this time he made no attempt to discover its position and, as the train…