Artis v. Buffalo, R. & P. Railway Co.

I am unable to concur with a majority of the court in reversing this judgment and order, and directing a new trial in the case. The plaintiff’s employment with the defendant as a brakeman commenced after dark on the evening of March 28, 1892. While he had been a brakeman upon other railroads, and had experience in their service, he had no knowledge at the time of the accident to him of the -condition of the track upon which he was called to work, or the place where he was at work; and, in performing the service of attempting to couple the cars at the place of his injury, he was obeying the…