Clark v. Union Pac. R. Co.

GIVENS, Justice.

Respondent, ostensibly employed by appellant as a brakeman, working on a switching crew in the yards at Idaho Falls, attempted — in line of duty — to board a moving oil car. He claimed the grabiron and sill step were loose on one side, thereby giving way and tending to let him slip in under the moving car. To avoid such injury, he threw himself backward and fell from the car, striking his head on a rail of the adjoining track, rendering him momentarily unconscious, and causing ensuing alleged permanent injuries in that the accident either caused, or changed, petit mal into…