(DOWNLOAD) "Tisneros v. Chicago & N.W. Ry. Co." by United States Court of Appeals Seventh Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: Tisneros v. Chicago & N.W. Ry. Co.
- Author : United States Court of Appeals Seventh Circuit.
- Release Date : January 14, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiffs suit against his employer to recover damages because of the latters alleged violation of the Boiler Inspection Act, 45 U.S.C.A. § 23, having resulted in a judgment in his favor, defendant appeals. It rightfully asserts that no question of negligence is involved and that its duty under the statute, if applicable, is absolute. It seeks reversal, however, because, as it contends, (1), the icy condition of the steps and grabirons of the locomotive complained of did not constitute "an unnecessary peril to life or limb of railroad employees" within the meaning of the Act, inasmuch as such condition was caused solely by the weather encountered in interstate transportation; (2), the locomotive, having been lodged in a round-house stall, was not being "used on its line," as required before an action under the Act accrues and, (3), the court improperly instructed the jury. In view of our conclusion, it is necessary to consider only the second contention.