Wabash Railroad v. Kelley

Appellee was a fireman on one of appellant’s freight engines. On August 2, 1893, while his train was running from Del Ray, Mich., to Ashley, Ind., and while he was engaged in his duties cleaning his engine, he slipped and fell from an alleged defective step on the engine, and the wheels ran over and crushed one of his feet. It is alleged in the complaint filed by appellee that the company “had undertaken, at the time it employed plaintiff, and as a part of the contract of his employment, and did on said day undertake, to provide surgical and medical attendance and’ care to the plaintiff, as…