Etheridge v. Atlantic Coast Line Railroad

DEVIN, J., took no part in the consideration or decision of this case.

This is an action for actionable negligence, brought by plaintiff against defendant, alleging damage. The complaint is as follows:

"That the defendant is and was at the times herein complained of a corporation duly chartered according to law and operating a railroad through the State of North Carolina.

"That on 12 February, 1931, the plaintiff was in the employment of the defendant as a painter and on said day was, as directed by his foreman, preparing a bridge over Black Creek, near Castle Hayne, N.C. to paint the same.

"That…