Gier

Appeals from the judgment and from the order denying a new trial.

Plaintiff, a conductor upon one of defendant’s electric cars, was injured under the following circumstances: He had stopped his car and gone ahead to turn a switch to permit the passage of his car from one track to the other. He turned the switch, standing while doing so, in the Y-shaped space made by the switch track and the main line. Another car coming up had stopped on the main line just behind him. At this moment his. own car was moved forward by its motorman. The plaintiff was caught between the cars in the wedge-shaped space, crushed and injured.

This action is for a recovery on account of his injuries, and to maintain it he pleads the negligent and careless act of the motorman—admittedly a fellow-servant—and a lack of ordinary care upon the part of defendant in selecting and hiring the culpable employee.

Some .charge is also made of defective and inadequate switching apparatus, but this contention seems to have been abandoned. In any event the record does not disclose any evidence in support of it, nor is argument addressed to maintain it.

Some evidence was introduced tending to prove that the plaintiff…