107 Wis. 122 | Wis. | 1900
We shall consider but one question in this ■case, and that is the question as to whether the plaintiff’s intestate was guilty of contributory negligencé. Upon this questiofi the material facts are that while his train was standing on the passing track, with another train standing within two or three car lengths, whose engine was engaged in switching, the deceased left the cab of his engine with his fireman, and crawled under his engine for the purpose of tightening the wedge which holds the driving box in position, the fireman being engaged at the same time in tightening a jam nut. Before going under the engine he did not set the brakes of his engine or train, although six or seven cars on the forward end of the train had air brakes
By the Gourt.— Judgment affirmed.