Central Railroad & Banking Co. v. Small

Simmons, Justice.

Small sued the railroad company for damages. In his declaration he alleged that, on the 6th of July, 1885, while in the employment of the defendant as a track-hand, engaged in discharging his duties as such, and while in the exercise of all due care and diligence, moving from the main track where he was engaged at work, so as to get *520out of the way of an approaching engine of said company, he was struck by another engine of the company coming from an opposite direction to the one he was seeking to avoid, and on a track parallel to said main track and within a few feet of it.…