Greenwald v. Marquette, Houghton & Ontonagon Railroad

G-raves, O. J.

Decedent was tail brakeman under Samuel Wilks, wbo, as defendant’s engineer, ran a train for the carriage of iron ore. There were three other brakemen and a fireman. Wilks employed the men and had power to dismiss them. A train of empty cars had been taken to Ishpeming and left; and the locomotive having been turned around on the turn-table, stood on a sidetrack, and the engineer and men were near by. A number of cars loaded with ore were distant some five or six hundred feet, ready to be hauled away. The engineer observed to the men that he and the brakeman would go up and get…