Lee v. S. Pac. R.R. Co.

Action to recover damages for personal injuries. The plaintiff had judgment, and now appeals from an .order granting defendant’s motion for a new trial.

In the latter part of July, 1888, plaintiff was employed by defendant as a brakeman on a freight train, and continued in that service until November 13, 1888, when he sustained the injury complained of. At the time of the accident he was about twenty-three years of age, *119 had from childhood been in good health, and prior to his employment by defendant had no experience in railroad service.

The additional facts disclosed by the record, so far as necessary to be stated, are that on the day of the accident the train on which plaintiff was employed had barely time to reach Honby siding in time for the southbound passenger train to pass. The “helper” engine was in front of the train engine, and when near the siding cut loose from the train and went ahead to couple to a flatcar on the sidetrack and push it forward so as to let the freight train in on the siding, plaintiff going with the helper to make the coupling. After he let the engine in on the siding he stepped upon the pilot to make the coupling, and as they were approaching…