Wilkerson v. McCarthy

LATIMER, Justice.

Action for personal injuries which occurred July 26,1945, as a result of plaintiff’s falling into a wheel pit in the defendant railroad’s coach yard at Denver, Colorado. The action was brought under the Federal Employers’ Liability Act, Title 45 U. S. C. A. § 51 et seq. From a directed verdict of “No cause of action,” plaintiff appeals. The parties will be referred to as they appeared in the trial court.

Plaintiff was employed as engine foreman in defendants’ Burnham Yard at Denver, Colorado. His crew consisted of himself, two switchmen, an engineer and a fireman. Plaintiff’s…