Matchett v. Cincinnati, Wabash & Michigan Railway Co.

— The substance of the appellant's complaint is this: He entered the service of the appellee as a brakeman, and his duties required him to set the brakes upon the trains on which he was required to work. On the 13th day of December, 1887, he was working on a freight train composed of many cars. He was signaled to set the brake. He undertook to discharge this duty in obedience to the signal, *336at the time believing that the brake and appliances were “ in order and not out of repair.” The brake was defective and out of repair “in this, the ratchet upon the same, used to hold the brake when…