Cincinnati, New Orleans & Texas Pacific Railway Co. v. Nolan

Opinion op the Court by

Judge Hannah.

Affirming.

Edward Nolan sued the Cincinnati, New Orleans & Texas Pacific Railway Company, in the Lincoln Circuit Court, to recover damages for injuries received by him when a hand-hold on top of a freight car gave wa and precipitated him to the ground, in the course of his employment as head brakeman on one of the defendant’s trains at Stearns.

There was a verdict and judgment in plaintiff’s favor, in the sum of ten thousand dollars, which upon appeal was reversed. C. N. O. & T. P. Ry. Co. v. Nolan, 161 Ky., 205, 170 S. W., 650.

Upon a second trial, there was…