Tobey v. Burlington, Cedar Rapids & Northern Railway Co.

The petition in this action is in two counts. The cause of action, as stated in the first count, is in substance as follows: That on June '7, 1892, the plaintiff was in defendant’s employ as a track repairer or ¡section man, and was engaged, under the direction of defendant, in the line of his duty upon and near the tracks of the defendant, at and.near C avenue crossing in the city of Cedar Rapids, and in defendant’s switch yards, and was necessarily, and in the performance of his duty, upon and near the railway and switch at and about said place. It is charged that while the plaintiff was…