Hassan v. Northern Pacific Ry. Co.

Mr. Justice Cooper:

I dissent. Appellant relies upon the negligent order given by the foreman. The complaint charges the defendant with the negligent loading of ties upon a ear, and negligently directing the plaintiff to remove another tie from beneath it. The evidence shows that the plaintiff and other men were brought from another part of the yard to unload the ties from this car, a flat car. The posts and wires designed to hold them in place had already been removed by someone else. The plaintiff testified that “There were some men getting upon the car, and some had gone up, and they were…