American Express Co. v. Risley

Mr. Justice Worthington delivered

the opinion of the court.

Several reasons are urged by appellant why the judgment should be reversed. It is strongly urged.that appellee must have seen the “ chute” crosswise in the car when he stepped over it, and was therefore not in the exercise of ordinary care. This was a question for the jury. Appellee testifies positively that he did not see it. The evidence shows that there were chicken coops, boxes and crates of fruit on the floor of the car, in some confusion, being arranged for transfer. That during the short distance the train was to be moved,…