Towns v. Monongahela Ry. Co.

Maxwell, Judge:

Plaintiff was working on a section force for defendant, and on the 26th day of October, 1925, as he was proceeding to work riding on a hand ear running in a southerly direction with his foreman, Sayre, and four other workmen, he was thrown from the hand ear and severely injured when the car ran into a switch which was closed against traffic proceeding in the direction that the hand car was going. The switch had been left in its then condition — that is, closed against south-bound traffic and open to north-bound traffic — by the crew of a work train which was standing on the…