C. Lockwood, for Pltf., Direct. Q. How many times would you say this engine went over this route or went over where you could see it, where they had the running board? A. Sometimes they would go over, and sometimes alone. Every day, like that. 225 Not each and every one would go over several 226 times. They had different tracks along. There were several different engines going over the road each day. It was customary for the employees to ride on this running board. That was so during all of the time that I worked there up to the time of the plaintiff's injury. I couldn't say if I noticed Anderson there when these men were riding around there. The first boss I had was a fellow named Moody. He was a sub-boss. He had charge of the men. He was under this man Whitey. Q. Was he around when you were riding on that? A. When he was around they didn't run their cars up by us then. Albert Anderson was down there at the works at the time of the injury to the plaintiff. I saw Anderson around there when they were riding on the running board at different times. Q. Was they in sight of him? Mr. Hastings: Objected to as immaterial and irrelevant. It appears that Anderson was not a superintendent. The Court: Overruled. Mr. Hastings: Exception. I saw this Albert Anderson frequently when they were riding around there standing on the 227 228 229 C. Lockwood, for Pltf., Direct. running board. Whitey was the walking boss over the carpenter gang. At times when they were riding on the running board of these engines I saw Whitey at a place where he would be in plain sight of the men riding there, where he was in a position where he would have had to observe 230 it. He was in sight of these men riding on the running board. I knew Johnson, was walking boss over the whole gang, as I supposed. He was ahead of Whitey. The whole gang was under Johnson. I saw Johnson on the job several times when they were riding on the running board. He has been right along side of the track when they were riding by him. They would be going to work, so that he was right in sight of them, sometimes further away, sometimes less, sometimes right close to him in plain sight of him. 231 Q. Nothing intervening between him and the place where these men were standing? A. I don't think there was. I am pretty sure I saw Johnson riding on the running board himself one day. That was one day that I was 232 watching the bridge down there between the depot and where the town is now and there was a slide came down and took the steam shovel off the track, and they blowed the whistle for him, and he came down and they run the engine down after him and he came up. He was on the running board when I saw him. He was the fellow gangs. Johnson's that had charge of all the charge of the work at the office. He was out C. Lockwood, for Pltf., Direct. 233 on the job part of the time. He wasn't out there every day, nearly every day. He would walk up and down the work. I couldn't say whether he was walking up and down at the time these men were riding on the running board. Trains were going along there at the time when Anderson the man who had charge of the whole business, 234 was walking up and down. About every day or every few days Anderson, who had charge of this work for this defendant company, was on the job up and down over this work. I couldn't say that he was at the Dutch Hill crossing frequently, because I didn't do much work there. They had a supply house there where they stored their apparatus and supplies. That wasn't where the cars sort of stopped and the men got off. This man Sickler was there frequently. I supposed he was running the standard gauge. He wasn't doing much business on this other that I ever see. I never saw Kerbaugh there as far as I ever knew. I got my pay at the Kerbaugh & Company office sometimes, and some of the time the paymaster would come around and pay. Mr. Anderson was at the office some of the time when they paid off. Mr. Hastings: There is no question but what Anderson was the superintendent. On the day plaintiff was injured I was with him. I rode down that day. I rode on this running board at different times. I couldn't say as to whether it was in sight of the engineer. I have been on the right hand side and right in his sight. If he looked ahead to see how the track was he would have to look 235 236 237 C. Lockwood, for Pltf., Direct. right at me. I have ridden on this running board of these engines a good many times, a common occurrence with me, up to the time of the plaintiff's injury. No one ever told me to get off. Q. Have you when this Mr. Anderson or Mr. Johnson or the other people that I have named 238 here who were bosses were in sight? 239 A. Well, I have rode with some of them myself. No I rode with Whitey on there. I never rode with Johnson. I have ridden when he was right in sight, I only remember one special ride, We were getting supplied. one told me to get off from there. Nobody ever told me it was dangerous at all. I don't remember of hearing them tell anybody else before this man was injured. On the day plaintiff was injured I got on to this engine and car. I was on the flat car. The car was filled up pretty good with men and tools. I don't know where plaintiff rode that day. I didn't pay any attention, his riding on there, if he did it didn't attract attention from anybody. There wasn't any com240 ment as far as I know. If there had been I would have remembered it. I have seen other members of the carpenter gang riding on the running board from time to time. If they sent them for anything they generally rode on the engine after it. This was Sunday. I couldn't just say what time we got down to the Farwell cut, or where we went to work. We left the supply house right around 7 o'clock and run right down. I don't remember if any one told us to get on that morning, but he did the night before. I got on C. Lockwood, for Pltf., Direct. this car or engine that morning as we started down there. Albert Anderson was in charge of my gang. I don't just remember if there was anyone else there except my gang at the place where I got on. I didn't see any of the bosses in charge of the men, as I remember of, only the fellows running the supply house. The night before Whitey Kantz gave me directions as to getting on to this car or engine. He said to be at the supply house somewhere about 7 o'clock and the car and engine will be there to take you down. I was there at 7 o'clock. We got on. I don't remember as there were any directions given by anybody that morning. The tool box and tools were on the flat car. Nothing else taken down there except the men and tools as I remember of. 241 242 243 The train was waiting there at the supply house for us, all steamed up and ready. So when it came 7 o'clock we got right on and rode down. All they took down was the tools and us. After we got down to the place where we went to work they came back up. We unloaded the tools, got off the engine. I am not positive sure but what 244 they left the car down there and the engine went back. As far as I observed they had no other purpose except to take us men down there. We knew it was to be there because Whitey told us it was to be there the night before. We loaded our tools the night before. The work was completed somewheres around 3 o'clock. About that same time this engine and this same car showed up, they had backed down. The car went ahead of the engine going back. They |