Shepard v. Payne

Plaintiff was a section foreman in defendant’s employ. While riding on a hand car with his men on April 12, 1919, the car, then being operated at a speed of three or four miles per hour on reaching a slight curve suddenly left the track. The plaintiff alleges that the defendant negligently furnished him with a hand car equipped with a gauge too wide to properly fit on the track; that the flange of the wheels rode upon the rails rather than the ball of the wheels and that the ear left the track on the date mentioned by reason of the improper gauge; that plaintiff, at the time of the…