Egan

The action was one by a laborer in defendant’s employ for the recovery of damages on account of personal injuries. The plaintiff, an old and experienced traek laborer, was employed by defendant and engaged at the time of the accident as a member of a gang repairing defendant’s roadbed at a point near a siding. Upon the siding at the time of the accident was a gravel train. A water train of ten or twelve cars approached the siding and when some four hundred feet therefrom, the water train was cut in two and the engine and five or six cars were ran up above the point where the siding intersected the main track. The main track was constructed on a one per cent grade from the point where the water train first stopped to and above the siding. The engineer in charge of the water train, when moving up the grade, noticed and saw the men engaged in work upon the track. After the engine with these cars had proceeded up the track to a point above the intersection of the switch with the main track, one of the water cars was detached, and under the charge of a brakeman was run down by gravity below the point of the switch, where it was taken up by the engine of the gravel train and attached…