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LEMMON v. DENVER & RIO GRANDE WESTERN RAILROAD CO.

No. 8924.

9 Utah 2d 195 (1959)

341 P.2d 215

HAL E. LEMMON, ALSO KNOWN AS PAUL GORDON, PLAINTIFF AND RESPONDENT, v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 12, 1959.

Attorney(s) appearing for the Case

VanCott, Bagley, Cornwall & McCarthy, Clifford L. Ashton, Salt Lake City, for appellant.

Kunz & Kunz, Ogden, for respondent.

CROCKETT, Chief Justice.

Plaintiff, a switchman, sued for injuries to his back suffered in falling from the side of a boxcar when one of the iron ladder rungs (in railroad parlance a grab iron) collapsed. The action was brought under the Federal Safety Appliance,1 and the Federal Employers' Liability Acts.2 Plaintiff recovered jury verdict and judgment of $6,112.80 and defendant appeals. The principal errors...

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