Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.

The plaintiff, an employee of the defendant railway company, was injured while in the discharge of his duties as section-hand, and brought this action to recover damages. He contends that he was required to work with a pick, the points of which had become- so worn and dull that the use of it greatly increased the hazards of his employment; that about September 1, 1922, he complained to the foreman in charge, who promised to have it sharpened or to supply a sharpened pick; that he relied upon the promise and continued to use the defective tool; that on September 24, while engaged in an ef*394fort…