Grand Trunk Western R. Co. v. Holstein

HICKENLOOPER, Circuit Judge.

This is an action based upon alleged breach of the Federal Safety Appliance Act. 45 USCA § 11. Plaintiff testified that in the line of his duty he had brought a loaded hopper ear to a stop by use of the hand brake, after a “drop” or “flying switch,” experiencing no difficulty in doing so; that while the brake was still set the engine had again coupled to the car; and that he was standing upon the brake platform, “hanging on to the brake wheel,” when suddenly it “spun” around, throwing him to the ground. He had not, he said upon the stand, attempted to release the…