Reilly v. Chicago & Northwestern Railway Co.

The plaintiff, a common laborer, was in the employ of one Brown, an independent contractor, engaged in raising the roadbed and track of the defendant company’s road near Laurens, Iowa. In the performance of this work earth was hauled and scraped from “borrow pits,” and deposited in a continuous pile or dump about three feet high extending along the ends of the ties parallel and near to the track. This being done, the track was lifted, and the earth shoveled under it. The material thus used was somewhat loose and gravelly, and contained more or less stones which were liable to roll down upon…