Merkouras v. Chicago, Burlington & Quincy Railroad

Action for damages for loss of part of foot, caused by defendant’s negligence. Plaintiff recovered, and defendant appeals.

At the time of the accident plaintiff, with others, was engaged as an employee of defendant in its yards at Lincoln in putting ice in refrigerator cars. A switch-track of defendant ran along an elevated platform connected with an ice-house, so that ice could be put from it into the top of the car. A ladder led from the ground *719to the platform. Two empty cars, designated as “rubbish cars,” were on the track in front of the ice-house, waiting to be moved onto a place farther…