Reiter v. Winona & St Peter Railroad

COLLINS, J.1

From the complaint herein, it appears that plaintiff was a common laborer in defendant’s employ, engaged with others in the loading of flat cars with a steam shovel at a gravel pit, all work being done under the direction of a foreman having full and complete charge; that it became necessary to move the shovel nearer to the gravel, whereupon the foreman ordered plaintiff to go behind it, and between it and the embankment, “which was almost a perpendicular bank of soil and gravel, about twenty feet in height,” there to assist in laying a new track upon which to run the shovel ;…