Eastman v. Lake Shore & Michigan Southern Railway Co.

Plaintiff, while engaged in uncoupling cars in the defendant’s yard, and while between moving cars for that purpose, got his foot caught in a stub switch, and was seriously injured.

3 How. Stat. § 3397a, provides that all railroad companies “ shall and are hereby required * * * to so adjust, fill, or block the frogs, switches, and guard rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, as to prevent the feet of employés or other persons from being caught therein.”

Defendant insists that a verdict should have been directed in its favor because—

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