Chicago, Indianapolis and Louisville Railway Co. v. Younger

Appellee brought this action against appellant under the federal Employer’s Liability Act (45 USCA §§51-59), alleging negligence upon the part of appellant in furnishing appellee a defective jack for use while he was employed by appellant as a section hand on appellant’s railroad, where he was injured while using the jack in repairing appellant’s track.

The complaint alleges that he, together with other workmen, under the order, direction and supervision of the foreman in charge, was engaged in raising appellant’s tracks and removing old ties and replacing them with new ones; that the appellee…