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

— This opinion, in which we all concur, was prepared by the late Judge Mitchell, and expresses the views and judgment of the court.

Roesch sued the railroad company to recover damages for a personal injury alleged to have been suffered on account of the negligent failure of the company in supplying dangerous and defective machinery and appliances, about which the plaintiff was required to work.

It appears that at the time of sustaining the injury complained of the plaintiff was in the employ of the railroad company, and was, with a number of other employees, engaged as a trackman, under the…