Miller v. Chicago, Milwaukee, St. Paul & Pacific Railroad
Miller v. Chicago, Milwaukee, St. Paul & Pacific Railroad
Opinion of the Court
This is an action to recover damages for personal injuries which, allegedly, plaintiff sustained in using a ladder located on premises owned by defendant railroad and leased to defendant partners.
At the time of the accident, the defendant partners were using the premises in question for the operation of a potato
On March 10, 1951, plaintiff was on the premises in connection with his duties as an inspector for the production marketing administration. He attempted to gain access to the loading platform by using the ladder as he had done on several days immediately prior to the accident and on many other previous occasions. Plaintiff testified that, on the day in question, he attempted to gain access to the platform- by jumping or springing with his left foot from the top rung of the ladder, so that he could land on the platform with his weight on the toes of his right foot, rather than by placing his knee on the wet, icy platform. As he endeavored to do this, the top rung of the ladder broke, plaintiff’s right knee came down on the surface of the loading platform, and, allegedly, this caused the injuries for which he now seeks recovery.
The case was tried to the court without a jury, and resulted in judgment for both defendants. The trial court concluded that neither of the defendants was guilty of any negligence toward the plaintiff; furthermore, that plaintiff was guilty of contributory negligence. The trial court denied plaintiff’s motions for a new trial or judgment notwithstanding the verdict. Plaintiff has appealed.
The issues involved are primarily factual, and the findings of the trial court will not be disturbed unless there is no evidence to support them, or unless the evidence clearly .preponderates against them. Barrineuvo v. Barrineuvo, 47 Wn. (2d) 296, 287 P. (2d) 349. The evidence in the record supports the trial court’s findings of fact, and these support the conclusion that the appellant was guilty of contributory negligence.
The foregoing disposition of the case makes it unnecessary for us to discuss appellant’s status while he was on the premises and the duties owed to him by either of the respondents. Assuming, however, arguendo, that the appellant was a business invitee, we are of the opinion that the evidence in the record supports the trial court’s conclusion that neither the respondent railroad company nor the respondent partners were guilty of any negligence toward the plaintiff-appellant. 38 Am. Jur. 757, Negligence, § 97; Caron v. Grays Harbor County, 18 Wn. (2d) 397, 139 P. (2d) 626, 148 A. L. R. 626; Barrett v. Faltico, 117 F. Supp. 95.
The judgment of the trial court is affirmed.
Reference
- Full Case Name
- Homer Eugene Miller v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company
- Status
- Published