Midland Valley R. Co. v. Roberson

WELCH, V. C. J.

Plaintiff filed suit against the railroad company and J. M. Garner, the section foreman under whom plaintiff was working at the time of his injury. The case was tried upon plaintiff’s amended petition, in which he alleged that he was required to use and assist in the operation of defendant’s gasoline motorcar, which was old, worn, unsafe, and out of repair, this being known to the defendant. When returning from work plaintiff and other members of the section crew attempted to start this car, but were unable to do so because it was out of repair, which was known to defendant.…