William H. King v. Raymond Grimm and Frank Strunk

KILEY, Circuit Judge.

This is a personal injury action with diversity jurisdiction. Verdict and judgment were for defendant and plaintiff has appealed.

Plaintiff was employed by Libby, Mc-Neill & Libby as a loader of trucks at Libby’s Morton, Illinois canning plant. On September 20, 1955 he was loading a truck of defendants Grimm and Strunk, for delivery to a freight car on a nearby railroad siding. The truck, driven by Delmer Habeck, had been backed up an inclined ramp to Libby’s loading dock so as to bring the floor of the truck into line with the deck of the dock. When the loading was done,…