Kincade v. Chicago, Milwaukee & St. Paul Railway Co.

1 Plaintiff was in the employ of defendant company as a section hand. At the time of his injury he was returning from work in company with nine other employes, on a hand car. Plaintiff stood on the front of the car, facing to the rear. He had hold of the lever, and was aiding in propelling the car. Two of his companions engaged in a political discussion. One of them (McCoy) was standing on the right of the plaintiff. Th.e other (Howard) was on his left. This discussion culminated in McCoy striking at Howard. The latter, in attempting to avoid, the blow, pushed against plaintiff, throwing him…