Elledge v. Nat'l City & Otay Ry. Co.

Temple, C.

Plaintiff sues for damages for personal injuries alleged to have been caused by defendant’s negligence.

Plaintiff avers that he was employed by defendant as a laborer, and engaged under its direction in loading stone upon a car, and “ that the car on which defendant was loading stone, as aforesaid, on said day, was placed by said defendant, and stood during said day near and alongside, to wit: about ten feet of a rock or cliff or embankment; that said cliff was of stone,, and was thought by plaintiff to be solid and secure, and plaintiff, prior to the falling of said cliff as…