Foley v. Chicago & Northwestern Railway Co.

Action for negligently causing the death of the plaintiff’s intestate.

The declaration avers that on the second day of January,. 1878, the decedent was in the employ of defendant as a switchman, upon and about the switch locomotive number 241 owned and operated by defendant; that it was his duty as such switchman at the time aforesaid by the nature and terms of his employment to attend and be with said switch-engine in the handling of cars of ordinary freight and to perform the ordinary duties of an ordinary switchman in the defendant’s service ; that it was not contemplated in his-employment…