Melburn E. Broxson v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company

In this diversity action the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (the Railroad) appeals from a judgment entered on a jury verdict awarding damages to Broxson and from a judgment of dismissal of the Railroad’s third-party action against Thrifty for indemnification. We affirm the judgment for Broxson, but reverse the dismissal of the Railroad’s claim against Thrifty.

The Railroad owns a freight house in Spokane, Washington. It leased to Thrifty portions of the main floor and basement for handling, storage and distribution of plumbing and heating and allied products. The leased area included a freight elevator, which provided the only way to get to the basement from the main floor. The lease, which was in effect at all relevant times, contained the following express conditions:

Broxson had been an employee of Thrifty since July 1963. In the course of his job, he used the freight elevator. On February 15, 1965, ope of four counterweights designed to hold a safety gate on the elevator in an overhead position came loose. On February 16 Broxson told Setchell, the Railroad’s yardmaster and agent, about the defect; Broxson again reminded Setchell of the defect on…