Warner v. Terminal R. Ass'n of St. Louis

VAN OSDOL, C.

In this action under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.) plaintiff relied upon the inference permitted by the res ipsa loquitur doctrine, and stated the circumstances of an unusual occurrence injuring plaintiff as the foundation for an inference of defendant’s negligence as follows, “On or about May 5, 1951, plaintiff, while employed by the defendant, and while operating a tractor in the railroad terminal of the defendant in the City of St. Louis, Missouri, drove said tractor along a platform in which an elevator or hoist formed a part of said…