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

Opinion op the Court by

Judge Clay

Reversing.

In this action for personal injuries by Otho Helton, an infant, against the Cincinnati, New Orleans and Texas Pacific Railway Company, the trial court directed the jury to find for the defendant, and plaintiff has appealed.

The record discloses that appellant was a section hand and had been in appellee’s employ for about five days. He and others were engaged in unloading rails from a hand car. The rails were 33 feet in length and weighed about 900 pounds. After being carried some distance they were placed in a pile. On the occasion in question…