Morris v. Eastern Railway Co.

This appeal is from an order overruling a general demurrer to a complaint in a personal injury action brought by a guardian ad litem. It was alleged in this pleading that the defendant carelessly and negligently provided for the use of a minor in its employment, named Morris, aged seventeen years, whom we shall hereafter call the “plaintiff,” and his brother, a co-employee, a “flogging hammer,” so called, to be used by them in connection with what is known as a “side-set” (a cold-chisel with a handle attached), in cutting off rivets from the tank frame of a locomotive tender in the shop in…