Nashville, Chattanooga & St. Louis Railway v. Hayes

Tbe defendant in error was an employee of tbe plaintiff in error, and while engaged in its service in the yards of the company at Shelbyville, Tennessee, in February, 1905, received a serious injury which he alleged resulted from the negligence of his employer. In the present suit, brought hv him to recover damages for this injury, he filed a declaration containing three counts; the last two of these being substantially the same as the first count. In that count it was alleged that he was a brakeman and porter of the railroad company, and that as such it was a part of his duty to assist in…