55 Minn. 357 | Minn. | 1893
Plaintiff’s intestate was employed as a brakeman by the defendant, and on the 24th day of September, 1891, was engaged in the discharge of his duty as such on a freight train run: ning between Austin and Minneapolis, over its line of road, which left the former place about 3 o’clock in the morning. As the train approached Owatonna, thirty two miles north' of Austin, it became necessary to stop at the crossing of the line of the Winona & St. Peter Railroad, about one mile south of the last-named place. The train was running down grade, and about twenty five or thirty miles an hour, and while the deceased was attempting to set the brake upon a refrigerator car, loaded with meat, in the train, the eye-bolt in the lower part of the brake shaft, which was connected with the chain which operates the brake shoes, suddenly broke, causing the accident complained of. The brake was constructed in the usual manner, with a perpendicular iron shaft extending above
There is no evidence in the case in relation to the inspection of the car at Austin. But, if the car was not out of order when it passed Austin, no repairs were then necessary, and no negligence could be imputed to the company for any neglect of duty at that place. But if, as the plaintiff contends, there is evidence warranting the inference by the jury that the nut had become loosened so that its defective or unsafe condition would be susceptible of observation, upon a reasonably careful inspection, when the car had arrived at Austin, then a presumption of negligence on the part of the company would be raised, which it would be necessary for it to overcome by proper evidence showing that due inspection was made, and the brake was found to be, or was put, in good order. The car did not belong to defendant, but' was received from the Iowa
It is conceded that the presumption, in the first instance, is, in actions of this kind, in the absence of any proof to the contrary, that the railroad company has performed its duty to its employes in the matter of inspection and repairs. It will therefore be assumed that the car in question was duly inspected at Mason City. All trains make three stops between this point and Austin, and two or three between Austin and Owatonna. But the car ran forty miles to Austin without accident, or any complaint in respect to the bolt. The evidence of one of the witnesses is that if the nut was properly ■tightened up, and in place, the car could run a long distance before it worked loose. The question will then naturally arise, how it happens, if it was properly inspected at Austin, that in an hour and a half, while traversing a distance of thirty miles, the nut •should not only have become loosened from the staff, but should have worked out on the thread, to the end of the bolt, so as to •allow the bolt to be pulled partly through the staff? This, we think, suggests the propriety of submitting the question to the jury. While we cannot say, with certainty, that, upon the undisputed evidence, the brake must have been out of order, or unsafe, when the car left Austin, yet we think it was fairly a question for the jury to determine, in view of all the circumstances, including the condition of this bolt and nut, which were before the jury.
But if it be a fact that a bolt fastened with a nut, only, as this-was, without any, device to keep it in place, is liable to become-loosened between the ordinary intervals of inspection, it is obvious that inspection should have been more frequent, or the method described by the witnesses as commonly resorted to, of cutting or flattening the thread on the bolt next the nut, should have been adopted, as it appears to be simple, safe, and effective. In any view of the case, we think the question of the defendant’s negligence-was for the jury.
Judgment affirmed.