O'Connell

The defendant in error was a boy 17 years of age. He was injured at 10:30 o’clock at night, while engaged in unloading logs from a flat car for the plaintiff-in error. ,He had been similarly engaged in work for about two hours on each of the two preceding nights, and that was the extent of his prior experience with the work. The night was dark, cold, and misty. The only light came from an arc light from 150 to 250 feet away. After removing the most of the logs by means of a crane, there remained three or four logs on the car. They were 16 feet in length; two of them being about 12 inches, and one about 18 inches, in thickness. They were lying in a disorderly way, some across the others. The end of one of the logs extended out beyond the body of the car. There was ice and snow on the car, and the floor was slippery. The foreman of the plaintiff in error told the defendant in error and one Rud to get upon the car and unload the remaining logs. They, each using a cant hook, obeyed the direction of the foreman. He pointed at a particular log to be unloaded first. The defendant in error testified: “It was awful slippery. It took some time to get the first log started, and when it…