102 P. 726 | Or. | 1909
delivered the opinion of the court.
The evidence of plaintiff and his witnesses tended to, show that the roundhouse and repair shop of defendant
ENGINEER’S condition of engine and work report. WORK NEEDED.
Wash boiler.
Stay bolts leaking outside and inside of cab.
Straight air will not work.
Injector steam pipes leak at union on valve.
Inside of cab, air leaks bad.
Put dope plug on R. B. side rod.
Clean out gauge cocks.
The custom of the employees was to look over this report and then get their orders from the superintendent. Plaintiff testifies that, before going to work on the engine, either he or his helper blew it off, and while it was cooling he was engaged in some other part of the building. He also assisted in placing blocks under the wheels preparatory to beginning work. At noon his helper told him that the boiler was ready to wash, and he went back and began his work. While he was away, however, and before he returned, workmen engaged in other repairs had removed a section of the jacket from the engine and taken off the hand rail, in order to get at the stay bolts, which required some repair, and had left the steam pipe projecting a few inches from the boiler and above the running board, which is about 20 inches wide, running the entire length of the boiler and about four or five feet below the hand rail, which may be grasped by persons using the running board to steady themselves when necessary. The plaintiff walked from the front to the rear end of the engine and used the
Defendant moved for a nonsuit which was refused, and, after such refusal, adduced testimony and asked for a directed verdict. We have not discussed the testimony on behalf of defendant for the reason that we think the court should have granted, on plaintiff’s own showing, defendant’s motion for nonsuit, and no
The judgment of the circuit court' is affirmed.
Affirmed.