Michigan Central R. R. v. Austin

We think plaintiff below had no ground of recovery. The accident which happened to him occurred from his being thrown off a foot board on the rear of a tender while backing up. This board was a narrow board which the switchmen were accustomed to get on and off while coupling and uncoupling cars and *250opening and closing switches. It had a bar above it intended for them to hold on to to keep their footing and Austin had let go this bar to shift hands in holding his lantern when he was thrown off by a jerk which he supposed was caused by striking a rail which had lost a portion of its surface and…