20 R.I. 789 | R.I. | 1892
In this case the testimony does not show whether the deceased was thrown from train by the breaking of the spindle, or whether he fell from the train and the sudden strain upon the spindle, occasioned by the passing of the wheels of the train over his body, caused the breaking of the spindle.
But assuming that it was the breaking of the spindle which caused the deceased 'to fall from the train and which occasioned his death, the testimony fails to show negligence on the part of the defendant. It is claimed that the defendant was negligent, in that it did not inspect the' spindle at stated times by removing it from the draw-bar. The testimony of the defendant shows that its freight cars are regularly inspected at each end of the route, Providence and Worcester, and that in such inspection the “draw-bars and draw-rigging” are examined, and that such inspection, so far as it relates to the spindle, is made by the inspector getting under the car and examining such portion of the spindle as is in sight, to wit, the end which projects beyond the draw-bar. It is contended on the part of the plaintiff that this inspection was insufficient, because the spindle was not removed from the draw-bar, and that the defect which caused it to break was within the draw-bar so that it could not be discovered without removing it from the draw-bar. On the other hand it was contended by the defendant that the only inspection that is or ever has been deemed necessary by railroad men is the inspection made by its employees, since the weakest portion
Defendants’ petition for a new trial granted.