Chesapeake & Ohio Railway Co. v. Holbrook

Opinion op the Court by

Judge McCandless

Reversing.

Appellee, a boy 19 years of age, was at work as a ■ section hand for appellant. Several crews were engaged in clearing a wreck which had occurred some sixteen hours before. The tracks were cleared but the rails had not been closed and for this purpose two T-rails had to be cut. Two pairs of workmen, each composed of a section foreman and his helper, were engaged in this and hastening its accomplishment.

To do this a T-rail cutter is placed edge down upon the rail and ■struck with a heavy sledge. The cutter is a wedge-like tool about six inches…