Conger v. Flint & Pere Marquette Railroad

This is an action for negligence. At the conclusion of the testimony the court directed a verdict for defendant, and plaintiff appeals.

Defendant was engaged in transporting logs from a lumber camp to its main line over a temporary branch or spur known as a “logging road,” which was unballasted, as such roads usually are, and followed generally the lay of the land. Plaintiff had been breaking for four years. He had been over this road several times, and had worked upon other roads of like character. In going down a grade upon a train composed of 11 flat-cars with the *78engine, a log fell from…