126 Iowa 576 | Iowa | 1905
At tbe time tbe plaintiff was injured he was a driver in tbe defendant’s mine. He was an experienced driver, and bad worked for tbe defendant in that capacity for several months before tbe injury was received. The track on which he was hauling coal at tbe time was a new one, having been put in use for that purpose only the morning of tbe day of tbe accident. There was a knuckle or high point in the entry through which this track ran, and, in taking a trip of loaded ears out, it was necessary to apply a sprag or brake to the ear wheels before the trip had passed entirely over the knuckle. The plaintiff had made one round trip over this track, and had gone back to the face of the mine, and was returning to the bottom thereof with a trip of two loaded cars. When he reached a point a few feet from the knuckle, he stopped and spragged his trip for the purpose of controlling it when he reached the knuckle. He then remounted the trip, and went on until the forward car was over the knuckle, when he jumped down in front of that car, and undertook to stop the trip by bracing himself against it; but his toe caught under one of the rails, and he was thrown by the car and injured. The petition alleges that the track was not ballasted at the knuckle or on either side thereof for several rods, and that the defendant was negligent because of its failure to ballast and level it up with dirt or other material.
The defense was the assumption of the risk by the plaintiff and his contributory negligence. There is no serious
The plaintiff’s mule was hitched to a singletree at the end of a tail chain that was from four to six feet long, and the opposite end of which was fastened to the car at a point about a foot higher than the rails. When riding the trip, the plaintiff placed one foot on the tail chain, and the other on the end of the car; and during all of the time in question he had a lighted lamp fastened to the front of his cap, which enabled him to see his mule and his trip. When he reached the knuckle with his first trip out in the morning, two other workers in the mine were there, each of whom also carried a lighted lamp, and one of whom spragged the