Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-02-17

TARrwElIq CD, PERRY AND DE Bolt, JJ.
Ne1Iczcaster and of
ployment-dIected rerdjct.
In an action his damages
for erona injuries sustained by him the
result of negligence incumbent on the ser
want rmaivey neglect of some duty on the part OF
the master which him while so employed, and
which neglect and proximae cause of the injury
There of negligence the injury must be con-
usual and ordinary risks incident to the EN-
poyment assumed and an order court III
recing a verdict for master is correct
OPINION OF THE COURT DE BOLT, j.
This Is writ Of error to review Judgment of the circuit
court of the second district The plaintiff IN error brought an
action against the defendant in error to recover damages IN 'he
sum of So for personal injuries alleged to have been s
tanned v him as the result Of the negligence of the defendant
while the relation Of and existed between te
Tie record before shows that at the CONCLUSION OF the pam
ths the defendant moved for directed verdict Inc
cort sustained the motion and directed the jury to return
verdict for the defendant Upon the verdict ordered and
returned Judgment entered accordingly Whether the or
der of the court directing the verdict correct or not the
sole question brought here by the writ OF error
At and prior the time of the accident which occasloned
the injury to the plaintiff complained of in this action the de-
PENDANT the and operator of sugar plantation at
Lahaina Maui with sugar MILL railroad tracks, cars, en-
enes and machine shop thereon In the conduct OF It's bs
ness the defendant operates and It's cars and engines III
carrying its employees and from their work. III hauling cane
its mill and in transporting woo lumber and other material
to different places on its plantation.
The plaintiff prior his employment with the defendant
had worked for the Ka Railroad" three years in its
shop sometimes 90 in the engnc but he did not do any
Switching or brakng" With regard to his employment with
the defendant commencing with the last week in September
1905 and continuing about the end of December of the same
year, except for few days, he variouy employed in and
about the machine shop ong brakng the yard en-
CINE brang the and working at night IN the yard
January 1909 the day which the accident occurred he
work the regular brakeman The engine
and cars we'll the wor in which they being used
under the supervision of the engineer in charghe and
the plaintiff being the only persons engaged in this work
With regard the accident the plaintiff testified direct
examination follows:
90 What occurred, if anything after you went to work
that day?
"a | went brakeman and took up to half
way PuukoIiJapanese Then were showing cars
and he told get i'll front to watch the track IN case OF
track wrong So stayed in front with the lantern We took
the up and back We got to the mill and went out to
the pmp-Iahana pump. We went out and brought some
oil the pump Come back the yard and stayed about half
hour. Then went down to the landing kaanapal land
ing and got lumber We down and brought it back
We got back to the yard and then to have lunch.
90 What time was that!
GA About twelve o'clock Then came back to the engine
after that the engineer and went down to kekaa On
the way down went to get the other side of Kanapa
90 On leaving the yard just after having lunch, what
there besides the engine you were taking!
"a Flat behind to carry ropes and tools OF any
accident
90 What you doing after leaving the yard before you
got down to the place?
"a and the engineer got the engine and went Off On
the way close to Kekaa, met about fifteen About
eight loaded with wood Koreans filling up wood in
the with nothing He stopped and told me to
couple up the to couple the and then he told
90 front and got close to the switch Jump
down and and fix the switch | told him Alright; you
slow with the engine. Don't too fast. When got
ahead and gave him the signal he blew whistles and
ahead About hundred hundred feet from the switch
the train going about eight miles hour about fast or
nary horse travelling with hack, thought could make it.
jumped and my foot slipped. The hit the back and
threw me the track yelled out to the engineer. Then
the dragged me about thirty feet and my leg.
laid alongside the track then he up When he
came he me lying down. told him take the hos
pital. Then he took me to the hospital"
On cross-eXamination the plaintiff testified follows:
20. Now, You say that the running about eight
miles an hour, how do you know How could you tell!
"a lie was going pretty fast and my foot slipped.
90 You thought the train running alright, didn't you
and that you could get off
GA Yes.
o. You thought you were akama enough?
GA Yes.
Co. And if you had not slipped you would have been al
right?
"a. Yes.
"TIIE COURT How that?
"a. My foot slipped.