York v. Chicago, Milwaukee & St. Paul Railway Co.

The following opinion was filed April 8, 1924:

Doerfler, J.

By its answer to the first question of the special verdict the jury found that the defendant failed to exercise ordinary care in putting the cinder dump on which York was riding in use with the accumulation of frozen cinders .on the platform at the back end of the car. De*115fendant’s counsel claim that, conceding the condition of such platform as above described, it must be held as a matter of law that their client was free from negligence; that it would be unreasonable and impracticable to require the company to malee periodical…