McMillan v. Grand Trunk Ry. Co.

Citations

• 130 F. 827
• 65 C.C.A. 165
• 1904 U.S. App. LEXIS 4229

Syllabus

<p>1. Master and Servant — Death of Servant — Railroads—Inexperienced Servant — Failure to Instruct — Evidence.</p> <p>Where plaintiff’s intestate, a boy 17 years of age, who bad gone into defendant’s railroad yard with an experienced servant for the purpose of receiving instructions as to the manner of coupling cars, was killed between two cars, proof that the servant who was with deceased was himself young, coupled with the mere fact that deceased was injured, without evidence as to how the injury occurred, or that there was in fact a failure to instruct, was insufficient to establish defendant’s negligence.</p> <p>2. Same — Violation of Orders.</p> <p>Where deceased was ordered to accompany an experienced servant into a railroad yard, to receive instructions as to coupling cars, by defendant’s superintendent, and who yet did not comply with the instructions of the engineer with whom he was working, that he should not go between the cars, but that he should watch his instructor in the work, and who received the injuries from which he died while between two cars which were being, coupled — the engineer being without knowledge of his position at the time —defendant was not liable for his death.</p>