Morris v. Carolina, Clinchfield & Ohio Railroad

Clabe:, 0. J.

This is an appeal from a nonsuit. The plaintiff was driving a spike about 6 inches long into a cross-tie, which had been driven in two-thirds of its length when his hammer slipped off the head of the spike, striking the tie 2 inches below. The allegation-is that this caused the plaintiff to sprain his back. He alleges that the face of the hammer was worn slick and that he had been promised a new hammer, and that, besides, he was standing on a pile of loose dirt, and that, a train being expected, he was ordered by the section foreman to hurry up and get the tie in place before the…