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

Opinion of the Court by

Judge Winn

Reversing.

On December 16tb, 1907, appellee, Tom McElroy, an employe of appellant Railway Company walking south, from the station in the Somerset yards of the company, was struck in the back by a southbound shuttle train of the company. He brought this action against the company, Gossett, the train conductor, and Snyder, the engineer. A peremptory instruction was given in Snyder’s favor, on the trial; and a verdict returned in plaintiff’s favor against the company for $8,000 and against Gos-set for $1,000. From the judgment on the verdict the company and…