Rader v. County Court of Roane County

Litz, Judge:

The plaintiff by this action, in trespass on the case, seeks recovery for personal injury sustained while in the defendant’s employ, resulting from its alleged negligence. The demurrer to the declaration was sustained and the questions arising thereunder are certified here for review.

The declaration, containing but one count, after alleging that the plaintiff was injured while in the employ of the defendant as day laborer, “to dig, excavate and remove dirt and rock in building, repairing and constructing” a public road in Jackson county, (extending from Spencer to Billings), in…