Kelley v. Chicago, Burlington & Quincy Railroad

The accident resulting in the injury for which plaintiff seeks to recover occurred at Hastings, in this state, and was occasioned by the engine of a freight train, which ran against the plaintiff, who was on or near the track in front of the engine. The plaintiff was in the employ of defendant as a section hand, and on the morning of February 28, 1900, by the direction of the section foreman, he started east from the depot at Hastings, with a spike maul and some spikes, for the purpose of going along the track in order to make such repairs thereon as be might find to be necessary. The morning…