Heimberger v. Elliot Frog & Switch Co.

Thomas Durkin, a young man seventeen years of age, was employed in defendant in error’s shops, and while he was engaged on May 10, 1905, in moving a heavy frog, certain parts of a hoist fell and killed' him. Plaintiff in error, the administrator of his estate, brought suit August 16, 1905, under the Injuries act, for the benefit of the next of kin, to recover damages for his death, alleged to have been caused by the negligence of defendant in error. The case was continued to the December term, 1905, and on January 8, 1906, plaintiff in error took a voluntary non-suit. February 19, 1906,…