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

This is an action by respondent to recover damages for the loss of an eye alleged to have been destroyed while assisting in removing iron angle-bars which connected the joints of the iron rails of appellant’s main line of track near Amity, Missouri. The accident occurred while respondent was striking the head of a steel chisel, held by another employee of appellant, with an iron sledge or maul. The chisel was shaped like a hatchet or wedge, had a wooden handle, and was being-inserted between the web of the rail and the angle-bar in order to drive the angle-bar loose from the rail to which it…