Cordova

Cordova v. Atchison, Topeka & Santa Fe Railway Co.

Good Law
18 Cal. Rptr. 144·1961 Cal. App. LEXIS 2521·198 Cal. App. 2d 161
Court of Appeal of CaliforniaDecember 19, 1961Civ. No. 25215California4,146 words

Opinion

Lead Opinion

Wood, J.

This action, commenced under the Federal Employers’ Liability Act, is for damages for personal injuries (burns) resulting from an explosion of cleaning fluid while plaintiff, who was in the refrigerator-motor room of a refrigerator car, was cleaning the room and motor by applying the fluid with an air-pressure spray gun. Judgment, pursuant to a verdict, was for plaintiff for $60,000.

*163 Defendant appeals from the judgment and an order denying its motion for judgment notwithstanding the verdict.

Appellant contends that there is no evidence that appellant was guilty of negligence proximately causing the injuries; and that the amount of the verdict is excessive as a matter of law.

The refrigerator-motor room is a partitioned end portion or section of a refrigerator car, which portion or section extends the width and height of the car and extends lengthwise of the car a distance of approximately 7 feet. The motor and other refrigeration equipment occupy most of the space in the room. The entrance door of the room is at the side of the car.

The spray gun which plaintiff used was made by defendant and may be described generally as an “L-shaped” metal %-inch pipe, with an air hose…

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