Seccombe v. Detroit Electric Railway

The plaintiff was a motorman on defendant’s railroad. He was injured by reason of his car coming into collision with another car which was backing up. At the point of collision there were two *172tracks, and cars were not expected to run both ways upon either. It is claimed that the reason for it on this occasion was the derailment of a third^car at a point about a mile or more distant from the place of the collision, where there was a switch, and a worn rail, which had on two or more previous occasions caused the defendant’s cars to leave the track. The court directed a verdict for the…