Little Rock & Fort Smith Railroad v. Duffey

This-was an action by the appellee, against the appellant, to recover, damages for an injury received by the former while in the latter’s employ. The complaint alleged that the plaintiff, while in the defendant’s employ, and working on its track, had, through the defendant’s negligence, an eye put out by the breaking of a defective and unsafe spike-maúl, which was at the time, known to the defendant to be defective and unsafe.

The defendant denied the alleged negligence, or that the maul was defective or unsafe, or if it was, that it had any knowledge of the fact, and averred that the accident…