McGrady v. Charlotte Harbor & Northern Railway Co.

This action was brought by an employe against the employer railroad company to recover damages for personal injuries caused by the negligence of another employee in placing a hand car upon the railroad track. A demurrer to the declaration was sustained and final judgment for the defendant was rendered to which judgment the plaintiff took writ of error.

The first count of'the declaration alleges “that while the plaintiff was in the performance of his duty” as section hand in assisting in running a certain hand car of the railroad company, one other section hand “at the moment when said (hand)…