Jones v. Flint & Pere Marquette Railroad

The plaintiff’s intestate was killed upon defendant’s railroad while acting as a brakeman upon a freight train. He was engaged in coupling cars, and, after throwing the switch and signaling his engineer to back up, was seen by the engineer to go behind the car which was in motion, and disappear. Whether he started to cross the track, to walk upon the track merely, or to adjust a coupling or pin, no one knows, as he was not again seen alive. If we are to presume that he was not negligent in entering upon the track, we should perhaps conclude that he started to cross the track, as otherwise he…