Peter v. Middlesex & Somerset Traction Co.

*457The opinion of the court was delivered by

Gummere, Chief Justice.

This action is brought by an employe of the defendant company to recover damages for injuries received by him while engaged in operating one of its cars.

The principal ground upon which the declaration is attacked is that it charges the defendant with responsibility as an insurer of the safety of the plaintiff, while in its employ, rather than for the use of due and reasonable care to protect him from injury. While some of the averments contained in the declaration may be open to this criticism, this is not true as to all of them.…