Louisville & Nashville R. R. v. Hall

Action by appellee against appellant under the Employers’ Liability Act (section 3910, Code 1907). Count 1 was eliminated by demurrer, and the cause proceeded to trial upon counts 2 and 3. Count 2 is under subdivision 1 of said section 3910, charging a defect in ways, works, machinery, or plant of the defendant, in that a jigger, or small turntable, was defective. Count 3 charges plaintiff’s injury as a proximate result of negligence of one Matthews, employed by defendant and intrusted with superintendence, and while in the exercise of such superintendence, as follows: “Whilst in charge of a…