Foreman v. L. & N. R. R.

Opinion of the Court by

Judge Carroll

Affirming.

A demurrer was- sustained to the petition and amended petition of appellant, in which he attempted to set up a cause of action entitling him to recover damages from the appellee company on account of personal injuries received by him while in its employment as a carpenter. The only question before us is whether or not the petition as amended stated facts sufficient to constitute a cause of action.

It is averred in the petition that while appellant was at work for appellee as a carpenter, and acting in the scope of his employment, and using due care…