Banta v. Union Pacific Railroad

Paul Banta, plaintiff-respondent (herein called plaintiff), had a verdict and judgment for $40,000 (which was reduced by remittitur to $25,000) for alleged personal injuries claimed to have been sustained as the result of a fall from an icy ladder on the rear of a locomotive tender at Rock Springs, Wyoming, about 5:35 A. M., on December 18, 1947. He was then working as a locomotive fireman upon an interstate train for his employer Union Pacific Railroad Company, the defendant-appellant (herein called defendant). Plaintiff’s petition based his action on a violation of the Boiler Inspection…