David Josiah Brewer

“ One witness, who examined the car just before as well as after the injury, said that the end of the hand rail, where the nut ought to have been, was rusty, as though none had been there for some time. Another witness supported him as to the rusty condition of the end of the rail immediately after the accident. There was testimony that plaintiff followed a common way of getting onto such a water car. Indeed, on an open, moving car, a hand rail running through standards on the side, and within easy reach, would naturally suggest doing just what the plaintiff did. ”

“ The court charged the jury as to the law governing the case, both in respect to the duty of the master to furnish a safe place, machinery, and tools, and the duty resting upon the employee of taking reasonable care of himself, following in the instructions the rules so often stated by this court. ”