Ashby v. Norfolk Southern Railroad

Clare, 0. J.

Tbis is an action for personal injury to a minor, at tbe time of tbe injury 8 years of age, wbo brings tbis action by bis next friend. Tbe employees of tbe defendant were operating a pusb-ear loaded witb cross-ties under tbe supervision of tbe section master. There was evidence tbat one of tbe employees asked tbe plaintiff and two or three other small boys to help push tbe car to tbe switch before tbe arrival of an approaching train, and tbat when tbe car ajiproaehed tbe trestle one of tbe boys, witb tbe knowledge and without objection of tbe employees or tbe foreman, jumped on…