Southern Railway News Co. v. Russell

Simmons, Justice.

It appears from the record that Eussell had been a locomotive engineer on a railroad in Alabama, and that on one occasion, while so employed, he left the depot in Birmingham with his train, without orders to do so and leaving the conductor of the train behind; that after running several miles he discovered that the conductor was missing, and thereupon started to back the train towards the depot, first sending Davis, a news agent who was on the train, to the rear, to act as watchman for him. While hacking the train he came into collision with another train, and Davis was…