Pauly v. McCarthy

WOLFE, Justice.

Appeal from a judgment under the Federal Employers’ Liability Act in favor of plaintiff. Plaintiff, who was employed by defendant in interstate commerce as a conductor on a freight train proceeding over appellants’ line westerly out of Glenwood Springs to Grand Junction, Colorado, was injured by a fall when he alighted in the nighttime from a caboose, which was standing on a bridge or trestle so narrow on the south side as to afford no foothold to one getting off the train at that point.

Conflict in the evidence is very limited and, as we view it, unimportant. The undisputed…