Rucktenwald v. Chicago, Milwaukee, St. Paul & Pacific Railroad

On the trial of the action the evidence established the following facts. Shortly before noon on *613July 18, 1944, one of the defendant’s “battleship” type hopper freight cars loaded with sand was hauled by the defendant on its track to the top of the Pipkorn Company’s trestle which was twenty-five feet above the ground. The car was “spotted” there by defendant for Pipkorn to unload the sand through the car hoppers down through grilles between the railway track into Pipkorn’s bins beneath its trestle, from which it loaded sand onto its trucks. Pursuant to Pipkorn’s instructions such cars were…