Butz v. Union Pac. R.

I dissent.

I believe the non-suit was properly granted. The plaintiff’s testimony fails to show that the defendant was negligent in not furnishing plaintiff with a reasonably safe place to work, and it further appears that plaintiff’s own failure in keeping a lookout was the sole proximate cause of his injuries.

The plaintiff is a switchman of 45 years railroad experience and has been employed by the Union Pacific for the last 25 years. During this period, he has performed *198switching services in the Denver yards and is familiar with the trackage, the physical layout of the yards, and the type of…