Mustell

Fred G. Mustell, a car checker employed by the Great Northern Railway Company, the defendant herein, was on his way to the depot to turn in his report of cars that he had checked, and, accompanied by one Cantley, was crossing the tracks of the defendant in the yard at Hillyard, Wash. Upon track No. 1 stood a string of about 15 box cars, with the brakes set. Mustell and Cantley started to cross this track at a short distance from the end of the string of box cars. There was nothing to indicate to them that the cars were about to be moved, or that other cars were about to be kicked down against them. They could see the switch engine, which stood about 1,025 feet distant, and its smoke “going straight up” was an indication to them that the engine was standing still. The track curved away from the place where the box cars were standing, so that, as Mustell and Cantley approached track No. 1, they could not see any other cars approaching or being kicked against the cars which stood there. Just as Mustell got upon the track, the string of box cars suddenly and without warning moved, striking Mustell, who was 5 or 6 feet in advance of Cantley, before he had time to get out of the…