Henry v. Lake Shore & Michigan Southern Railway Co.

That the plaintiff in this case was severely injured without fault or negligence on his part is not questioned. This alone will not entitle him to recover damages from the defendant for the injuries so received while in its •employ, unless it farther appears that the defendant is legally chargeable therefor.

The charge made in the declaration is, that it was the duty •of the company to provide a good and suitable railroad track for all its trains at all times to run over, and that it had allowed its track to become unfit, dangerous and out of repair and some of the rails to be taken up and…