Ashley v. Tri-State Lumber Co.

Ritz, Judge:

This writ of error is prosecuted to a judgment of the circuit court of Nicholas county in favor of the -plaintiff rendered upon a demurrer to the evidence. The defendant company was operating in connection with its business of producing lumber a lumber railroad. It had completed its operations at the place where the accident occurred out of which this suit grows, and was taking up the track. The plaintiff was a locomotive engineer in the employ of the defendant, and at the time of the accident his engine with a car in front of it was being used to take up'that part of the track…