Timm v. Michigan Central Railroad

Plaintiff bases his right of recovery upon the negligence of defendant (1) in employing an incompetent and inexperienced fellow-servant, named Oldenberg, and assigning him to work with plaintiff without any instruction or training; (2) in purchasing and using a crooked railway tie.

Plaintiff and Oldenberg belonged to a section gang of four men, who were at the time engaged in loading ties, from a pile alongside the track onto a hand car. The men worked in pairs, one at each end of a tie, plaintiff and the section boss working together, and Oldenberg and the other man, named Miller. The load…