[Download] "Beard V. Atchison" by Second Appellate District, Division Two Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Beard V. Atchison
- Author : Second Appellate District, Division Two Court of Appeal of California
- Release Date : January 05, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Action for personal injuries. Plaintiff Alfred Beard, age 14, attempted to board a moving freight train operated by defendant Santa Fe Railway, fell onto the track, and lost both his legs beneath the wheels. In his first count he pleaded the railroad's negligence; in his second count its violation of the Federal Safety Appliance Act (45 U.S.C. § 11) in maintaining a box car sill step in an unsafe condition. Before trial defendant's motion for summary judgment was granted on the second count because plaintiff was not a person to whom a cause of action had been given by the Safety Appliance Act; at trial defendant's motion for a nonsuit on the first count was granted at the conclusion of plaintiff's case. Plaintiff appeals the judgment in favor of defendant on both counts.