McKillip v. Union Pacific Railroad

— Plaintiff appeals from a directed verdict and dismissal of defendant Union Pacific Railroad Company (hereafter railroad), and from a judgment upon a jury verdict in favor of defendant Rickie Magnaghi (hereafter defendant).

On December 5, 1969, plaintiff, an employee of railroad, was working as a conductor and flagman on a “detector car” used to detect flaws in the railroad’s rails. Defendant railroad had contracted with Sperry Rand Corporation, owner of the detector car, to have their rails examined in the Walla Walla area, and plaintiff was provided by the railroad to accompany the detector…