Martin

This action arose out of injuries resulting in the death of Arthur A. Martin, husband of respondent, who at the time of his death was a brakeman in the employ of appellant. While attempting to couple a caboose-car and a freight-car, the cars came together and he was instantly killed. The cause of action is based upon the theory that appellant did not use ordinary care in the selection of the couplings for the cars as operated, and that said Martin met his death by reason of such fact. The special negligence alleged against appellant consisted in the use of a “ Miller hook coupling” upon the caboose-car in connection with a Potter draw-head coupling upon the freight-car; that while each of the couplings, when used in connection with one of its own kind, was practically safe and entirely proper, yet when used in connection with one of the other character, the act of coupling cars became so dangerous that it indicated a lack of ordinary care in the selection of the apparatus, and the employer should be held responsible for all injuries resulting therefrom to the employee.

Appellant denies the unfitness of the machinery, alleges that deceased knew the character of it and assumed the…