Chalmers

The complaint in this case sets forth substantially the following cause of action: That during the years 1920 and 1921, and for some years prior thereto, the plaintiff was in the employ of the defendant as a freight conductor, under a written contract of employment; that by the terms of this contract the defendant agreed, in ease of injury to the plaintiff, to furnish him with medical and surgical treatment and hospital care and attention; that in consideration thereof the plaintiff agreed to and did pay to the defendant the sum of 75 cents per month during each and every month of his employment; that the defendant employed in its hospital department a large number of physicians and surgeons, and maintained a general hospital and division hospitals equipped with the latest X-ray apparatus, and employed experts to operate them; that proper treatment of a fractured vertebra in the spinal column requires the use of the X-ray, and that it is impossible to give tbe necessary or proper treatment for snob an injury without such use; that, while in the employ of the defendant, the plaintiff was injured, in that his back was broken as the result of a collision between the train on which he…