Dawson Bros. & Beaver, Inc. v. Peterson

SENTER, J.’

This was a suit to recover damages for the death of Shelby Peterson, as the result of the alleged negligence of the defendant while engaged as a laborer in the employ of the defendant below in shoveling gravel from a railroad car, when the defendant undertook to move the car by fastening an excavation dipper or shovel to the side of the car. The defendant filed pleas to the declaration, the first two the general issue of not guilty and contributory negligence of deceased, and the third, that if the plaintiff had a right of recovery, such right of recovery would be under the…