Nashville, C. & St. L. Ry. Co. v. York

MARTIN, Circuit Judge.

The railway company has appealed from a j adgment in the district court on the verdict of a jury awarding appellee $25,000 damages, fop personal injuries received while serving as brakeman in the employ of appellant.

The injured man and the conductor were seated in the cupola of a caboose, attached to the rear end of a freight train consisting of an engine and thirty-seven cars. The train was proceeding southwardly from Bruceton, Tennessee, to Nashville, Tennessee. The conductor was seated on the east and the appellee on the west side of the cupola, and each was keeping a…