Margevich v. Chicago & Northwestern Railway Co.

This is a suit under the Federal Employers’ Liability Act (45 U. S. C. § 51 et seq.) by a railroad repairman. Verdict was for plaintiff in the amount of $37,-500. Plaintiff remitted $7,500, and judgment was entered for $30,000. Defendant has appealed.

The accident occurred on September 18,1948. Plaintiff was then sixty-six years old and had been a car repairman for defendant for twenty-eight years. When injured, he was engaged in repairing a grab iron on a boxcar. He fell from a scaffold.

The scaffold consisted of a wooden horse about ten feet high and several feet wide. The top platform was…