Tober v. Pere Marquette Railroad

Plaintiff Tober, a section hand in defendant’s employ, was struck and seriously injured by a switch engine in defendant’s yards at Benton Harbor while he was working on the track clearing snow from a switch, between 10 and 11 o’clock in the evening of December 9, 1917. It was a cold, stormy night with strong winds drifting the snow. As was customary when a storm was on and such conditions required it, section men, or track hands, were called out; to clear the switches of ice or drifted snow which impeded their operation. Tober worked that evening: with a fellow member of the section crew…