Torts Keyed to Epstein
Titus v. Bradford, B. & K. R. Co
Defendant was in the business of transferring railroad cars from standard broad-gauge trucks to narrow-gauge trucks. The standard car bodies were hoisted onto narrow trucks. The car bodies had rounded bottoms and would not sit flat on the narrow trucks. To prevent the car bodies from wobbling and tobbling when Defendant’s narrow train was in motion, Defendant’s employees routinely secured them with blocks of wood, which were bolted or tied in place. Plaintiff had worked for defendant for the last two years and was familiar with the transfer and Defendant’s operation. While riding on top of a standard car secured on a narrow truck, said narrow truck began to wobble and tobble. Plaintiff was killed when he jumped off of the standard car and was struck by the car immediately behind him. Plaintiff claims that Defendant is negligent in using narrow-gauge roads for standard car bodies. The jury awarded Plaintiff $5,325. Defendant appealed.
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