Missouri Pacific Railway Co. v. Somers

Gaines, Associate Justice.

The appellee, who was plaintiff below, was a brakeman in the service of the appellant company, working upon a freight train. His place of duty upon the train was in the caboose, upon which the brake was defective. The handle in the car would set the brakes, but would not throw them off. The defect was well known to appellee. While the train was in motion, it became necessary for him to go to the rear platform of the car and down upon the lower steps and to stoop so as to throw off the brakes by the use of an implement which he took with him for the purpose. While in…