Mayton v. T. & P. R. R. Co.

Delany, J. Com. App.

Our opinion is that there is no error in the judgment of the court below.

The language of the petition is so vague as to have hardly any definite meaning. The plaintiff says that at Bell’s “ it became necessary for the employees of defendant in charge of the freight *78train ... to call in assistance to operate said train, which they had the right and power to do; and plaintiff being near the train, was requested by one of defendant’s said employees to assist them in operating the brakes thereon, with which request he undertook to comply.”

After stating some other facts the…