Seaverns v. Lischinski

The appellant (defendant below) was the operator of a grain elevator, and the appellee was a laborer in his employ, who, among other things, assisted in moving railroad cars into and out of the elevator.

The cars were hauled to and forth by means of a capstan, with ropes, tackle, etc., operated bv steam power. To haul cars out of the elevator upon their appropriate tracks and switches, a sling six or eight feet long, made of rope, was fastened to a timber and the railroad cross ties, at a distance from the capstan of about 120 feet down the track in the direction the cars were to be hauled,…