Kruk v. Minneapolis, St. Paul & Ste. Marie Railway Co.

August 17, 1925, plaintiff was injured while working on defendant’s railroad as a section hand. In suit for damages, his declaration contained two counts, both of which charged the elements of a cause of action for negligence and they were identical except that the first count contained an allegation, not in the second, that defendant was subject to the Michigan railroad liability law, 2 Comp. Laws 1915, §§ 5496, 5501; and the second count had additional allegations, not in the first, that it was defendant’s duty not to employ a person under 18 yearsoof age as a section hand-, that plaintiff…