Northern Pacific Railroad v. Hess

The opinion of the court was delivered by

Scott, J.

— Appellee was a passenger from St. Paul to Sprague on one of appellant’s cars, which was one of a class known as “free emigrant cars;” and during the passage she was injured by the falling of an upper berth while away from her seat, and standing by the stove. Just before she *386left her seat at that particular time, some person passed through the car and raised the upper berth nearest to the stove, but did not push it up far enough so that the fastenings caught or locked. The berth might remain in such a position temporarily, but would be in…