Pittsburgh, Fort Wayne, & Chicago Railway Co. v. Ruby

This was a suit against the railway company for an injury which is alleged to have occurred by the negligence of a co-employee. The plaintiff was a brakeman on an express train, and was injured while in the discharge of his duty, by a collision between the express ancf a freight train which was standing on a side track, waiting for the express train to pass. The switch had been left open, as was alleged, by the carelessness of David Kiser, the conduct- or of the freight train. It is alleged in the complaint that David Kiser and all the employees on the freight train were negligent, unskilful,…