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

Opinion of the Court by

Chief Justice Hobson—

Reversing.

On May 14, 1913, Edward Nolan was head brakeman on a train of the Cincinnati, New Orleans & Texas Pacific Railway Company, which left Danville, Kentucky, about 6 p. m. for Oakdale, Tennessee. Steams, Kentucky, is a station 75 miles south of Danville. The train stopped at Stearns to take water, and it was the duty of Nolan, when it so stopped, to inspect the train and see that all was right. As the train was pulling slowly up to the water tank, and before it stopped, Nolan undertook to descend from the top of one of the cars to the ground,…