Louisville & Nashville Railroad v. McIntosh

Opinion of the Court by

Judge Hurt

Reversing.

This action was instituted by the appellee, George McIntosh, against the appellant, Louisville & Nashville Railroad Company, to recover damages of it, suffered by the appellee, while a servant of the appellant, and caused from a fall, received by him, upon the track of the railroad.

*572The petition, in substance, stated, that appellee, while a section laborer upon appellant’s line of railroad, and after it had become dark upon a certain evening, was directed, by the foreman of his section g’ang, to go, very hurriedly, in a run, around a certain curve,…