Chicago & Alton R. R. v. Harrington

Twenty errors are assigned, the most of which, however, need not be specifically noticed, because embraced in those to which attention has been called in appellant’s brief.

The first point made is, that the weight of the evidence clearly establishes that it is not the custom of railroad employes, in switching cars in the Clover Leaf yards, to close the switches after them, but that this duty devolves upon those who follow them in the business of switching. Fourteen witnesses were sworn on behalf of the plaintiff, the majority of whom testified that the custom was for the parties last using the…