NEGLIGENCE-FEDERAL EMPLOYER'S LIABILITY ACT-EXTENSION OF THE SAFE PLACE TO WORK DOCTRINE

Plaintiff, a lumber inspector employed by the defendant railroad, was inspecting railroad ties on a dock owned by an independent lumber company. The employees of the lumber company had piled the ties so that the ends were either flush with or protruded over the edge of the dock. In order to inspect the ends, the plaintiff assumed a ''bent-over" position in which his right foot was on the edge of the dock, his left hand on the pile and his left foot suspended in the air. After losing his balance, he placed his left foot on the dock where it struck either a stone or piece of bark.

His foot twisted and he fell, severely injuring his ankle. The plaintiff had made prior inspections on this dock and had informed his superior of the manner in which the ties were piled. In an action under the Federal Employer's Liability Act, the trial court entered judgment for the plaintiff. On appeal, held, affirmed.

Edmonds, J., dissented. Ericksen v. Southern Pacific Co., (Cal. 1952) 246 P. (2d) 642.