Rakes v. The Atlantic Gulf and Pacific Company

Facts:

Rakes, respondent’s employee, was at work transporting iron rails from a barge in the harbour to the company’s yard. At a certain spot near the water’s edge, the track sagged, the car canted, the rails slid off and caught Rakes. He was amputated at about the knee. Rakes claims that only one hand car was used in his work. Atlantic has proved that there were two, so that the end of the rails lay upon sills secured to the cars, but without side pieces to prevent them from slipping off.

Issue:

Whether there is contributory negligence on the part of petitioner

Held:

While Atlantic was negligent in failing to repair the bed of the track, Rakes was guilty of contributory negligence in walking at the side instead of being in front or behind. The amount of damages should be reduced.