Louisville, Evansville & St. Louis Consolidated Railroad v. Miller

— The appellee sued and recovered for the negligent killing of her husband, James A. Miller, an employe of the appellant, serving as freight conductor. The complaint alleged that the appellant was neg*686ligent in supplying defective cars, in failing to supply track inspectors and in supplying a track defective in materials and construction; that by reason of such negligence the track gave way, the cars broke down and said employe was thereby killed.

It was alleged also that the defects constituting such negligence were known to the appellant and were unknown to said employe; that the death was…