Campbell v. New York Central Railroad

Laub, J.,

This is an action in trespass for injuries sustained by plaintiff when the endgate of a gondola railroad car fell inward and struck his heel. At the close of plaintiff’s evidence, defendants moved for a compulsory nonsuit. The motion was granted and the nonsuit was entered. Plaintiff has moved to take it off, and this is why we are reviewing the matter at this time.

There was little or no dispute over the facts presented by plaintiff. As shown by the record, plaintiff’s employer, the Great Lakes Scrap Yard, ordered a carload of scrap metal from defendant, Luria Brothers, in Cleveland,…