Duncan v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Benson, J.:

This action is for damages for the death of the plaintiff’s husband, who was a brakeman in the service of the defendant railway company. In order to set out a freight car at a switch while the train was moving Mr. Duncan stood on the stirrup near a corner of the car next behind the one that was to be set out, grasping the handhold with one hand, and reached down to or toward the lever of the coupling appliance at the end of the car with the other hand. This was the usual way of uncoupling and setting out a car from a moving train, the…