46 Minn. 18 | Minn. | 1891
This action is for the recovery of damages for an injury suffered by the plaintiff in the year 1885, while he was employed in the service of the defendant. The plaintiff having recovered a verdict, the defendant has appealed from an order refusing a new trial. The only question before us is as to the sufficiency of the evidence to sustain the verdict. The plaintiff’s general employment was in the repairing of cars, as well as of the wood-work on locomotives. At the time of the accident the.foreman of the shop was engaged, with two assistants, in drawing down a heavy spring on a locomotive to its proper position; this being, as we understand, one of the springs upon which the weight of the locomotive chiefly rests. The apparatus used for this purpose, being such as is commonly used, was a jack-screw with a chain attached to it, composed of iron links, the iron being three-eighths of an inch in diameter. The power is applied by means of the jack-screw, and the chain should be of sufficient strength to stand such a tension as may be necessary to overcome the resistance of the spring. The evidence tended to show that the engine was heavier than those generally used, and the spring
Order affirmed.
Vanderburgh, J., did not sit. Mitchell, J., was absent when the decision was filed, and did not participate in it.