155 Minn. 381 | Minn. | 1923
Plaintiff’s testimony is that the sill-step or ladder was bent in, 4 or 5 inches, and sideways about 10 inches. Plaintiff’s theory of the
As to the condition of the sill-step: Townsend is the only witness as to the defective condition of the sill-step at the time of the accident. His testimony is impeached by the fact that, on the day of the accident, he made a report, in which he stated that “cars, tracks and equipment immediately connected with the accident’’ had been inspected by him that morning both before and after thé accident, and opposite the question: “What did inspection show? (State fully any defect, or whether everything was in good order)” he noted “O. K.” Plaintiff’s witness, Dailey, testified that the sill-step on this car was bent when he saw it about 30 days before the accident, and a witness, Baird, who said he saw it a few days before and again a few days after the accident, testified that when he saw it after the accident it was bent in and sideways. If it was in the condition described by these witnesses at the time of the accident, its use was in violation of the Safety Appliance Act and the rules of the Insterstate Commerce Commission. Defendant offered the testimony of several witnesses to the effect that the sill-step was in good condition. We think plaintiff’s evidence was sufficient to take the case to the jury. The testimony of plaintiff’s different witnesses as to the condition of the step is not in complete harmony, but we find no fatal variation.
Defendant argues that Townsend’s testimony that he saw the position of Lewis as detailed in his testimony, is impossible. But even if, in some of the details, the testimony is untrue, it is not improbable that Townsend got Lewis’ signal as he claimed, and not at all impossible that he saw Lewis on the sill-step and in the general position which he claimed.
Several other exceptions were taken to the admission of testimony. We have carefully considered them. We find no error and nothing requiring more particular comment.
Order affirmed.