30 Minn. 231 | Minn. | 1883
The respondent, a brakeman in the employ of the railway company, appellant, while engaged in coupling cars, sustained an injury to his band, caused by the condition of the coupling attachment of one of the ears, which, he alleges, had been suffered to remain out of repair through the negligence of the company. The car did not belong to the company, but was a foreign car in its possession and use. The injury is admitted, but the negligence is denied. The evidence tended to prove the following facts: At the time of the accident, this car had been in the company’s yard at
Among the rules of the company governing the conduct ol employes at the time, was one which provided that “coupling by hand is strictly prohibited. Employes who couple cars will furnish themselves with a stick necessary for the purpose.” The plaintiff denied that he had notice of any such rule, and there is no evidence that he had. The most that appears is that the rules were printed on time-cards, and were given to the heads of departments and local agents, to be distributed to the several employes under their charge. But it does not appear that they were given to plaintiff, or that his attention was ever called to them. And the evidence, which is uncontra-dicted, also tends to prove that the usual method of coupling cars by the employes of the company, in so far as the plaintiff knew, was by hand, with the knowledge and acquiescence of his superiors, and without any suggestion of the existence of any other rule or practice. The jury found for the plaintiff, and from the order denying a new trial defendant appeals.
Order affirmed.