Swift & Co. v. Foster

The appellee,, as administrator of the estate of John Mullen, deceased, brought this action on the case against appellant to recover damages for the alleged negligent killing of said Mullen, its employee. The declaration, as filed in March, 1892, contained but one count, which charged, among other things, that the defendant had and used a certain building several stories high, wherein, by its servants, it was engaged in repairing cars used in the shipment of meat, and by means of a drum and cog-wheels operated a hoisting tackle to hoist and lower lumber from one' floor to another, and that…