Roenfranz v. Chicago, Rock Island & Pacific Railway Co.

— The plaintiff was the head bralteman on.. one of the defendant’s freight trains, and he was injured while assisting in switching at a gravel pit near its •main line. A spur track had been constructed from the *35main line to the gravel pit, and it was on this track that the plaintiff received the injury complained of. Negligence was charged as follows:

That said spur track had been improperly constructed, because defendant negligently laid and maintained two railroad ties at such place and in such proximity to each other, without properly filling the space between them and under them,, thus…