Holland v. . R. R.

CLARK, C. J., and DOUGLAS, J., dissenting. The plaintiff's intestate, employed by the defendant as rear brakeman and flagman on its extra freight train No. 578, going south, was on duty when, on the morning of 18 October, 1902, the train passed into the siding over the switch at Rockingham, there (369) to await the passage of other trains of the defendant. He was acquainted with the rules of the company, one of which (Rule J) reads as follows: "When a train takes the sidetrack to be met or passed by another train, the conductor or flagman must remain at the switch used by his train to enter…