Edward Terry Sanford

“ However this may be it is clear that, even if the Railroad Company then owed him any duty in this respect, there was no substantial evidence that there was any negligence upon its part in failing to furnish a safe place in which to work. The evidence is undisputed that there were several places in which he could have stood in spotting cars, all of which were reasonably safe and well adapted to the performance of the work, and in which he could not have been struck by the swinging boom. ”

“ Richards was injured while on a steam shovel standing by the side of the railroad track that was being operated by an independent contractor employed by the Railroad Company to fill in trestles on its lines. With this steam shovel the contractor excavated dirt from the railroad right of way and loaded it upon a train of dump cars, which was hauled to the trestles, where the dirt was deposited. The contractor furnished and operated the steam shovel, and also furnished the train of cars. ”

“ While a brakeman stated that he had sometimes stood on the 'jack-bar' to spot cars when it was very hot-it being protected from the sun at certain hours of the day-he added that when he had done this, realizing the danger, he had watched the boom 'very, very carefully;' and it did not appear that he had ever stood there when the shovel was stationed in a position requiring the boom to make a full swing. Neither the conductor nor the contractor's manager had ever seen any one standing on the jack-arm while spotting. ”