Thrall v. Pere Marquette Railway Co.

Wiest,. J.

This case has been here before. 249 Mich. 440. Plaintiff’s decedent, William P. Thrall, was a railroad section foreman, had been such for 30 years, and for about 20 years was in charge of the section of defendant’s railroad where he was injured. In his work he had a motor car for carrying himself, his helpers, and tools. Among the tools was a drill weighing about 100 pounds. November 15, 1927, at the close of work for the day, the drill was loaded on the rear end of the motor car, and, while the car was being run backward, it jumped the rails, either by reason of defective car…