Risk v. Pere Marquette Railway Co.

(after stating the facts). The trial judge properly entered judgment for defendant non obstante veredicto. Defendant’s counsel were right in both contentions. In the recent case of Howe v. Railroad Co., 236 Mich. 577, an action brought under the Federal act, Mr. Justice Snow exhaustively reviewed the authorities, particularly the Federal ones, dealing with the questions of negligence and assumption of risk. This renders it unnecessary to duplicate that work. Attention will be challenged, however, to a few cases which are somewhat in point.

The handcar was the kind in ordinary use on railroads;…