Pioneer Fire Proofing Co. v. Clifford

Mr. Presiding Justice Farmer

delivered the opinion of the court.

This is an action brought by appellee against appellant to recover damages for a personal injury to appellee. Appellant was engaged in taking clay from pits one and a half miles east of the city of Ottawa and hauling it on cars provided for that purpose to its factory in the city of Ottawa. Appellee was a common laborer, engaged in taking cars from switches after they had been loaded at the bank, and placing them on the main track to be hauled to the factory. While he was so engaged, a car loaded with clay came down the switch…