Gavigan v. Lake Shore & Michigan Southern Railway Co.

The plaintiff was a- section hand upon a railroad, and had many years’ experience in such capacity, *72and as foreman of such gangs. On the day that he was injured, the section gang of which he was a member, and a gang of an adjoining section, were engaged in relaying a spur-track with rails that had been unloaded at a point upon said track. In order to distribute such rails, it was necessary to move two freight cars standing upon the track, and the plaintiff attempted to climb upon one to set the brake. While climbing up the ladder at the end of the car, the other car was pushed against him by…