Appeal from Circuit Court, Knox County
L&N RR Vs. Burch
ACTION: Affirmed
LOUISVILLE & N. R. CO. et al
Oct. 14, 1913

Action by B. F. Burch against the Louisville & Nashville Railroad Company and another. From a judgment for plaintiff, defendants appeal. Affirmed.

B. F. Burch is an employe of the Interstate Coal Company in Knox county at its mines; he instituted this action against the Louisville & Nashville Railroad Company and Cumberland Railroad Company, for the recovery of damages for certain injuries to his arm, received while he was engaged in opening the door of a box car at the mines of the coal company preparatory to loading the same. On the line of the Louisville & Nashville Railroad in Knox county, at Artemus, there is a short railroad owned by appellant Cumberland Railroad Company, running out a few miles to some coal mines. The Cumberland Railroad Company owns no coal cars of its own, but has an arrangement with the Louisville & Nashville Railroad Company by which, when requisition is made on it for cars by the mine operators, it notifies the Louisville & Nashville Company, and it in turn supplies the cars at Artemus, where they are taken charge of by the Cumberland Company and delivered to the coal mines. In July, 1911, under this arrangement a Louisville & Nashville coal car was delivered by that company to the Cumberland Company at Artemus, and delivered by it to the Interstate Coal Company near its mine and on its sidetrack. The day after the delivery of the car appellee, whose duty it was to prepare the cars for loading, undertook to open one of the side doors of the box car in which the coal was to be shipped; he found the door already opened about 12 or 18 inches, and first undertook from the ground to push it wide open so that it might be loaded; but, being unable to do this, after several efforts he climbed into the car, put his shoulder against the door, and undertook by his own strength and weight to push it wide open, whereupon the door gave way and he and the door fell out, the door falling on his arm and injuring it. He recovered a verdict of $400, from which the two companies appeal.

The jury was fully justified in believing from the evidence that several bolts were out of the door, and that the injury would not have occurred except for that.

The question of contributory negligence upon the part of appellee was properly submitted to the jury, and we see no reason for disturbing the verdict.


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