Louisville & Nashville R. R. v. Sewell

Opinion of the Court by

Judge O’Rear

Affirming.

*172Appellee was section foreman, working on appellant’s road in Boyle county. The boarding car was stationed at Mechanicsburg, where there was a station and siding, but not a telegraph office. He was required to begin work at six o’clock in the morning, with his crew of men, who went from the boarding car to the point at which they were at work, some two miles distant, on a hand car. There was a fast through passenger train to pass Mechanicsburg at 5:09 a. m. On August 23, 1907, appellant was awakened by the cook at five thirty, and breakfasted and…