Davis v. Hostetter

Appellee filed a complaint against appellant in two paragraphs to recover damages under the Federal Employer’s Liability Act. Each alleges that the latter was operating the Baltimore and Ohio Railroad as Director General, and the former was in his *526employ as a section, hand; and that, while so engaged, he sustained personal injuries by reason of the negligence of his employer in using a defective tie in a track, which he was assisting in moving, and in failing to fasten it securely to the rails thereof. The charges of negligence in each paragraph are substantially the same, except that the…