...track at or near the point of derailment, and that he did not know of the defect, and that said defect had not been discovered or remedied owing to the negligence of the employer, or of some person In the service of the employer Intrusted by him with the duty of seeing that said road...

...matter, or thing wholly or partly occasioning the personal injury as mentioned in section 6 of this Act, arose from or had not been discovered or remedied, owing to the negligence of such railway company, or of some person in the service of and entrusted by the railway company with...

...hand-car; (3) to the defective and worn condition of one or both of the hand-cars, which defect had arisen from, or had not been discovered or remedied owing to, the negligence of the defendant, or of some person in its service, who was Intrusted by it with the duty of seeing that the...

...told by the engineer or fireman on said train which way said switch was set. The said defects urose from, or had not been discovered or remedied owing to, the negligence of defendant, or of some person in the service of defendant, and intrusted by it with the duty of seeing...

...purposes for which it was used; that there were several defects in the road, switch and engine, that had not been discovered or remedied, owing to the negligence of the defendant, or of some one in its employment, whose duty It was to see that they were kept In proper...

...if the employee had not been in his service, under these conditions : when he was injured, " (1) By reason of any defect in the condition of the ways,...employer, which arose from or had not been discovered or reme6 died owing to the negligence of the employer or of any person in the service of the employer,...

...that is to say, ° w' (1.) Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways,...

...following cases, that is to say : 1. Under sub-sec. 1 of sec. 3, unless the defect therein mentioned arose from or had not been discovered or remedied owing to the negligence of the employer or of some person in the service of the employer and .entrusted by him with the duty of seeing that the ways,...

...case arising under subdivision one. of section one of this act, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer or of some person in the service of the employer and entrusted by him with the duty of seeing that the ways,...

...the act. It was claimed that the injuries were the result of a defect in the condition of such works, which arose from, or had not been discovered or remedied owing to, the negligence of the defendant, or a person in its service intrusted with or exercising superintendence of the work. The...