Larson v. Illinois Central Railway Co.

I. The single question raised by the demurrer is whether the wrong complained of was, as stated in the petition, in any manner connected with the use and operation of defendant’s railway, as contemplated in section 1307 of the Code. The petition shows that plaintiff was in the employ of defendant as a section hand, and, with others, composed a section gang that worked under the direction of a foreman, an employee of defendant, in keeping a certain section of defendant’s road in repair; that in prosecuting their work they used a car propelled by hand along the track to carry the men and tools…