Kepner v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

(dissenting) : — I do not concur in the reasons adduced or the conclusion reached, in the majority opinion.

The correctness, in the main, of the statement of the case made by my learned associate, I do not question. I do not, however, deem it inappropriate to state the facts, as I read this record, prefatory to a discussion of the applicable law.

The plaintiff, at the time of his injury, had for five years been employed as a switchman by the defendant. When the accident occurred, which resulted in the loss of one of the plaintiff’s legs, he was working for defendant in the yards of its repair…