Opinion
Gen. No. 44,288. (Abstract of Decision.)
Opinion filed May 24, 1948 Rehearing denied June 7, 1948 Released for publication June 8, 1948
MASTER AND SERVANT, § 80.3 — railroad's nonliability for brakeman's injuries. Railroad company was not liable under Federal Employers' Liability Act for injuries received by brakeman when passenger, standing on arm-rest of seat in pullman car for purpose of placing coat on hook located nine feet above floor, lost his balance and fell against brakeman after grasping upper berth which had been inadvertently left unlocked, since passenger's use of seat, arm-rest and berth was so unusual and contrary to purpose for which they were installed that provision to guard against results of passenger's unusual use of them was beyond requirement of due care.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN E. PAVLIK, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the October term, 1947.
Herbert S. Anderson and Erwin W. Roemer, for appellants;
James A. Velde, Stark Ritchie and Gardner, Carton Douglas, of counsel;
Edward B. Henslee, for appellee;
Walter N. Murray and Melvin L. Griffith, of counsel.
Not to be published in full. Opinion filed May 24, 1948; rehearing denied June 7, 1948; released for publication June 8, 1948.