Umback v. Lake Shore & Michigan Southern Railway Co.

The first paragraph of the appellant’s complaint charges that Umback was a servant of the appellee, ■engaged in performing duties as a switchman; that his employment imposed upon him the duty of coupling and uncoupling cars; that the appellee wrongfully and negligently used unsafe and dangerous cars, known as the Empire cars, .and that by reason thereof he was injured. The second paragraph contains the same statements as to the employment and duties of Umback, and alleges that the appellee, with knowledge of the unfitness and incapacity of a superior agent, retained him in its service, and…