Boylen v. Berkey & Gay Furniture Co.

Plaintiff, employed by the Grand Trunk Railroad Company as a switchman, on March 10, 1931, was injured while engaged in switching cars on defendants’ premises. At the time of the injury he was hanging on the outside of a freight car on the ladder and stooped down to uncouple cars. The car on which he was riding passed a loaded furniture truck belonging to defendants standing near the switch track, and plaintiff was severely injured by striking this truck. He brought suit against defendants and recovered judgment, from which defendants appeal, claiming plaintiff was guilty of contributory…