Menafee v. Monongahela Railway Co.

Maxwell, Judge:

On the night of February 26, 1926, about eight-thirty o’clock, the plaintiff, James W. Menafee, who was employed as night watchman at tipple number one of the Gdlbert-Davis Coal Company located on Scotts Run a few miles from Mor-gantown, was struck by a lump of coal which fell from a moving train as he was about to ascend the steps of the tipple. Thé impact from the coal caused him to fall backwards across a sidetrack, inflicting the injuries herein complained of and the basis of this suit. The defendant prosecutes this writ of error to a judgment of the trial court on a…