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OROSCZO v. WESTERN PACIFIC RAILROAD COMPANY

No. 12623.

496 P.2d 715 (1972)

27 Utah 2d 373

Jose M. OROSCZO, Plaintiff and Appellant, v. WESTERN PACIFIC RAILROAD COMPANY, Defendant and Respondent.

Supreme Court of Utah.

April 25, 1972.

Attorney(s) appearing for the Case

George K. Fadel, Bountiful, for plaintiff and appellant.

Van Cott, Bagley, Cornwall & McCarthy, Clifford L. Ashton, Richard W. Giauque, Salt Lake City, for defendant and respondent.

HENRIOD, Justice:

Appeal from a no-cause-of-action judgment. Affirmed. No costs awarded.

Preliminarily, this action, pursued under the Federal Employers' Liability Act,1 for damages arising out of a July 1, 1965, injury incurred when plaintiff, defendant's employee as section hand, attempted to board a slowly moving car, — which was his home, — belonging to defendant. Complaint was filed on August 4, 1966, one year...

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