Toledo, Peoria & Warsaw Railway Co. v. Conroy

This was an action in which the administrator of John Conroy recovered damages against a railway company for injuries received by him while in the employ of the company as a fireman, by the falling of a railway bridge. The evidence as to the condition, of the bridge is contradictory and we shall not discuss it, as the case must go to another jury for error in the instructions. The third instruction given for the plaintiff was as follows:

“In this case, if the jury believe, from the evidence, that John Conroy was a fireman in the employ of the defendant, and was in the line of his duty on an…