East Tenn., Va. & Ga. Railway Co. v. Reynolds

Lumpkin, Justice.

In this case a new trial should have been granted because, under the facts in evidence, the plaintiff was not entitled to a recovery.

The freight-train upon which the plaintiff was a conductor having stopped for some reason, he started forward to ascertain from’the engineer the cause of the stop, at the same time sending a flagman back on the track with a red light for the purpose of warning a train which was following in his rear Before the conductor reached the engineer, the latter started fhe train, when, by the breaking of a link, it came apart, and the rear portion, upon…