Peoria, Decatur & Evansville Railway Co. v. Johns

Appellee brought this suit ' to recover damages for personal injuries alleged to have resulted from the negligence of appellant in furnishing and using an engine worn and out of repair in hauling cars loaded with rails to be distributed along the line of its railway for the repair of track. The ground for recovery is not negligence on the part of the servants of appellant while operating and using the engine. The amended declaration consisted of three counts, in each of which it is in substance averred that plaintiff was a servant of defendant, and while engaged in the line of his employment…