Brinkmeier v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Bukch, J. :

While serving the defendant in the capacity of brakeman the plaintiff was injured in an attempt to couple freight-cars. In an action for the recovery of damages a demurrer to his evidence was sustained, and the railroad company justifies the conduct of the trial court upon three grounds ; (1) That it had no notice of the defect in the appliance causing the injury; (2) that the hazard was one incident to plaintiff’s employment, and therefore assumed; (3). that the plaintiff was guilty of contributory negligence.

The defective appliance was a…