1. Master and Servant — Bailroads—Collisions—Injuries to Brakeman.

Plaintiff, who was head brakeman on a train known as “162 East,” was injured by a head-end collision with another train known as “159-West.” Train 162 East was started under an order which made no reference to train 159 West, and no effort was made by defendant’s train dispatcher to inform the operatives of train 162 East of the other train until some time after the train had left B., and until after the lapse of time within which train 162 East should have been expected to pass the only station at which it could have received such information, when the dispatcher called the operator, who erroneously reported that the train had not yet arrived, he having been asleep when the train passed. The dispatcher then issued orders which resulted in the collision. Held, that whether the train dispatcher was guilty-of negligence in failing to timely send notice to train 162 East where to meet and pass 159 West was for the jury.

% Same — Complaint—Negligence.

A complaint charging that defendant sent plaintiff, as brakeman on one of its trains, along a single track, and negligently omitted to give plaintiff, or any of the crew operating with him, notice that it was at the same time sending another train in the opposite direction on the same track, which must necessarily meet in a very short time, without making any provision for either train to take a siding, contained a sufficient averment of negligence.

8. Same — Instructions.

In an action for injuries to a brakeman, an instruction that it was defendant’s duty to all operatives to prevent passing trains from colliding, and to exercise ordinary and reasonable care to cause to be notified the operatives on one train of the approach of a train in the opposite direction, and to give such orders as will insure the safe passage of the one by the other was not error.

4. Same — Train Dispatcher — Representation of Railroad Company.

A railroad train dispatcher issuing orders for the movement of trains in the name of the superintendent represents the railroad company, which is liable for such dispatcher’s negligence.

6. Same — Railroad Rules — Due Care.

The rules of a railroad directing the action of the train dispatcher are prima facie evidence of what is due care on his part, and a violation thereof is prima facie evidence of negligence.

6. Same — Appeal—Right to Allege Error.

Where a railroad collision in which plaintiff, a brakeman, was injured, was caused by a train dispatcher’s negligence in failing to obtain seasonable information of the movement of a train and in issuing a train order on erroneous information received from a local telegraph operator that a train, which had passed his station while he was asleep, had not passed, defendant was not entitled to complain of an instruction that the local telegraph operator was a fellow servant of plaintiff, and, if the accident happened solely through his negligence, defendant would not be liable.

¶ 4. See Master and Servant, vol. 34, Cent. Dig. § 495.