Summary
In Killian, the plaintiff saw the dangerous condition, instructed the Mallory Company employee to move certain barrels, and thereafter, though standing a mere ten to twelve feet away, did not look to see whether the barrels had been moved.
Summary of this case from Howes v. BakerOpinion
Gen. No. 44,460. (Abstract of Decision.)
Opinion filed December 13, 1948 Rehearing denied December 27, 1948 Released for publication December 27, 1948
MASTER AND SERVANT, § 134 — damages not recoverable under Federal Employers' Liability Act for injuries to conductor. Where conductor, injured during switching operations when caught between side of loaded coal car and oil barrel located on ground near spur track situated on private property, had previously observed barrels and stood in full view of, and not more than 12 feet from them when he boarded car, and train was traveling not more than two or three miles per hour, and conductor was in complete charge of operations, and it did not appear that railroad had any duty to maintain premises or that any member of crew could have prevented injuries by exercise of ordinary care, railroad was not negligent and was not liable to conductor under Federal Employers' Liability Act, and conductor was guilty of contributory negligence as a matter of law barring recovery from property owner.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PAUL McWILLIAMS, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the June term, 1948.
Theodore Schmidt, P.J. Cronin, Barrett,
Barrett, Costello Barrett and James A. Dooley, for appellants;
Wendell H. Shanner and John W. Costello, of counsel;
Edward B. Henslee, for appellee;
Melvin L. Griffith and Walter N. Murray, of counsel.
Not to be published in full. Opinion filed December 13, 1948; rehearing denied December 27, 1948; released for publication December 27, 1948.