Ohio & Mississippi Railroad v. Anderson

John Anderson, the defendant in error, brought suit against the plaintiff in error to recover damages for a personal injury, alleged to have been sustained while in the employ of plaintiff in error. It is charged in the declaration that the plaintiff in error was at the time of the injury operating a steam shovel in digging down and removing a certain hill or bank, and that the plaintiff was in the employ of the company as a laborer, in laying a track before said shovel and assisting in the work of digging down and removing said bank; that it was the duty of said company to have and keep said…