Elerick v. Braden, 15 Pac. Rep. 887. Plaintiff's care may be inferred from instincts of self preservation. John v. Railroad Co., 20 N. Y. 65. It was negligence to run defendant's train through the yard at a speed greater than six miles per hour. Corrill v. Railroad Co., 18 Am. Rep. 22; Thompson v. Railroad Co., 17 N. E. Rep. 691. As to the crowding on the platform: Railroad Co. v. Cummings, 106 U. S. 700; Clark v. Soul, 137 Mass. 380 ; Cone v. Railroad Co., 81 N. Y. 207 ; Cunningham v. Railroad Co., 7 Pac. Rep. 779; Cayzier v. Taylor, 10 Gray 274; Booth v. Railroad Co., 73 N. Y. 38.
The opinion of the court was delivered by
BARTHOLOMEW, J. On the 15th day of December, 1885, plaintiff was in the employ of defendant as a section hand, and was engaged in unloading wood in defendant's yards at Fargo. On that day, and while riding on one of defendant's trains from the round house to the depot-a distance of about one mile-plaintiff was struck by a switch signal, and knocked from the train, and injured. This action was brought to recover dam- ages for such injury. The train on which plaintiff was riding was known as the "Jamestown accommodation." It consisted of an engine, tender, freight caboose car, and an ordinary coach. This caboose car was equipped, as it appears such cars usually are on defendant's road, with a platform and steps at each end, with a door in each end, and side doors in the front part. The front end of this car was being used as a baggage car, and the rear end as a smoking car. The end door in front was habitually locked, but there was no notice or anything to indicate that entrance could not be made at that end. Ordinarily, these cars, when in proper use on freight trains, are not locked at either end. This train regularly made a brief stop at the round house, and passage on the train was free to all parties from the round house to the depot. The section foreman of the gang in which plaintiff worked had directed the men under him who did not bring their dinners with them to ride on this train to the depot in going to dinner, and plaintiff and others of his fellow-workmen had been in the habit of so riding for a number of days. They had, however, been directed by the conductor
