Thomas v. Foglio

The majority opinion in this case, it seems to me, misconstrues the Employers’ Liability Law and thus *562places a duty upon this defendant not contemplated by this enactment.

The facts in this case disclose that the defendant was not in any manner in charge of the loading of the trucks, and that the loading of the trucks and the manner in which it was done was entirely under the control of the Elk Creek Logging Company. Whether the trucks were to be loaded in the manner in which they were loaded or in some other manner and by devices that did not require plaintiff to be upon the truck were…