Spaulding v. W. N. Flynt Granite Co.

This is an action for personal injuries. The plaintiff was a workman employed by the defendant, and was directed to run a car loaded with stone down from the defendant’s quarry to where the car would be taken away by an *588engine on the Boston and Albany Railroad. The track over which he was to pass descended gradually, so that the car moved by gravitation. After starting, the plaintiff found that he could not control the car with the brake ; it ran away with him, ran into some other cars, and the plaintiff’s foot was crushed by the stone. The plaintiff’s evidence tended to show that the brake…