There is no evidence in this case tbat tbe train was not properly equipped, and tbe plaintiff does not suggest tbat any appliance used by tbe defendant was defective. He rests bis case upon tbe principle tbat be was an inexperienced band, and tbat be was not .instructed as to tbe manner of getting on a moving train. In order to excuse bimself from tbe charge of contributory negligence, be says in bis brief: “We submit it cannot be said as a matter of law, upon tbe evidence in this case, that' a train moving at tbe rate of from 4 to 6 miles an hour, and when other train bands bad caught it at tbe same time tbat plaintiff attempted to catch it, was moving so rapidly tbat a person of ordinary prudence would not make tbe attempt.” If tbe train was “moving at tbe rate of from 4 to 6 miles an hour” and not so rapidly “tbat a person of ordinary prudence would not make tbe attempt” to get on tbe train, and tbe plaintiff is therefore excused from tbe charge of contributory negligence, it would seem tbat tbe same facts would exonerate tbe defendant from tbe charge of negligence in moving its train too rapidly from its station.
Tbe evidence does not, in our opinion, disclose tbat tbe plaintiff was inexperienced, or tbat any instructions would have given him information be did not have.
It is true, be was employed by tbe defendant tbe day be was injured, but be does not say be bad no experience in tbe work be engaged to perform, and tbe fact tbat be entered into tbe contract of service, nothing else appearing, was a representation tbat be knew bis duties and bow to perform them.
It also appears tbat be told tbe agent of tbe defendant, who employed him, tbat “be bad been railroading” and tbat be bad worked some for tbe Coast Line and tbe Seaboard. He testifies tbat be bad gotten on tbe -train, while in motion, several times before be was injured, and there is no evidence be bad any difficulty in doing so. We fail to see any instruction tbat would have given him information be did not have.
He also testifies tbat tbe conductor told him to catch the caboose car, and tbat he was injured by trying to get on a coal car. Tbe caboose bad a door in tbe middle of tbe side *582and bad two steps below tbe door with wooden treads about as wide as a man’s band and they came closer to tbe ground than tbe steps on a coal car, and it also bad a long curved bandbold on eacb side of tbe door. Tbe coal car bad only one step and a straight bandbold on tbe end of the car. It was obviously safer to catch tbe caboose.
We find no error, and the judgment is
Affirmed.