Cincinnati Indianapolis, St. Louis & Chicago Railway Co. v. Darling

The appellee was a day laborer, employed by the appellant to shovel dirt and gravel on its track. While riding on a tender to an engine, going from Law-renceburgh to the place where he was employed to work, the engine collided with another engine, coming from the opposite direction, drawing a train of cars, and the appellee was hurt. He brought this suit to recover damages for his injuries, which he alleged were caused by the actionable negligence of the appellant.

While the appellant has assigned many errors, and has argued several, we find it only necessary to consider two of the questions…