Dunn v. Chicago, Rock Island & Pacific Ry. Co.

Decedent was in tbe employ of tbe defendant as a section hand, and while be, with other members of tbe gang, were engaged in repairing tbe track by putting an occasional new tie under tbe rails thereof, one of bis fellow workmen left a heavy crowbar on tbe ground at tbe side of tbe track, so near to tbe rail that a passing train struck it and hurled it against tbe deceased with such force as to cause a fatal injury. Tbe petition alleges negligence on tbe part of tbe co-employé in leaving tbe bar where he did, and that tbe train which struck tbe bar was negligently operated.

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