Spitze v. Baltimore & Ohio Railroad

This suit was brought to recover damages for a personal injury received hy the appellant whilst in the service of the appellee. The appellant was a blacksmith, and in the discharge of his duties had occasion to use a steam trip-hammer owned by the railroad company. One of the housings of this hammer was insecurely *165fastened, and, as a consequence, when the hammer was being operated by a co-employé of the plaintiff, it suddenly fell upon and seriously crushed the right hand of the appellant. To the declaration the company pleaded —first, not guilty; and, secondly, two releases executed by the…