Louisville & Nashville Railroad v. Crapps

(After stating the foregoing facts.)

The plaintiff alleges that the brakes were defective and were not in proper working order, that West, the defendants’ track supervisor, directed the plaintiff to use the motor track-car, assuring him that it was in a safe and proper condition, and that relying thereon the plaintiff used the car. He further alleged that when he was within fifty feet of the crossing where the collision occurred, and discovered the approaching automobile, he immediately undertook to stop the car with the hand brakes, but on account of their inadequacy, defectiveness, and…