Chicago, M., St. P. & P. R. Co. v. Gilbert

The appellee was employed by the appellant to drive a Mack dump truck. He brought this action against his employer, Chicago, Milwaukee, St. Paul & Pacific Railroad Company, to recover for injuries to his right hand upon the ground that the appellant had neglected its duty to use reasonable care to furnish him a safe appliance with which to work and had neglected the duty of inspection of said appliance. The appeal is from the verdict and judgment in his favor.

The principal question involved on appeal is whether or not the trial court should have granted appellant’s motion for directed verdict.

The dump truck belonged to the city of Deer Lodge. The appellee’s father was road commissioner for the city and had frequently used the truck. Appellee was a skillful driver and mechanic, and had frequently driven the truck during the period of 4 or 5 years prior to the action. The truck had been lent to appellant by the city about 6 days previous to the accident for the purpose of moving débris resulting from a fire which destroyed the machine shops of the appellant company at Deer Lodge, Montana.

The truck was about 20 years old and had probably been used by the government during the…