Yarber v. Chicago & Alton Railway Co.

This was an action on the case brought by appellee, against appellant, to recover damages for personal injuries. Judgment against appellant has been affirmed by the Appel-' late Court, and a further appeal is prosecuted to this court.

The gist of the various counts of the declaration is, that appellant failed to furnish appellee a safe place in which to work, and that the foreman, who was a vice-principal, ordered him into a dangerous place.

Appellee was engaged as one of a gang consisting of seven men, including Napoleon Fielder, thfe foreman, in removing two box-cars a distance of about forty…