Disher v. Chicago, Rock Island & Pacific Railway Co.

I am unable to concur in the majority opinion. The plaintiff’s undisputed evidence in this case shows that Disher was the foreman of the section men upon the handcar at the time the accident occurred; that for six or seven months he had worked on the section where he was killed; that he had passed around the curve and through the cut in question an innumerable number of times; that it was the well-known rule and custom, and Disher had been instructed, to never run his hand-car around the curve and through the cut without sending a man ahead to flag the cut and see that no train was…