Samuel Blatchford

“ The necessity of keeping the construction train out of the way of the freight train was one of the risks of the employment. The use of oaths and imprecations by McCormick was not an element of negligence. The fact that McCormick urged the men to hasten, even if, as a consequence, the plaintiff and his fellow-workmen became confused and failed to act in concert, cannot be regarded as a fault or negligence in McCormick. Whatever negligence there was, was the negligence either of the plaintiff himself o of his fellow-servants who with him had hold of the rail. ”

“ James Coyne brought an action in the circuit court of the United States for the district of Colorado, against the Union Pacific Railway Company, to recover damages for a personal injury After issue joined, the case was tried by a jury. ”