Louisville & Nashville Railroad v. Patrick

Opinion of the Court by

Judge Nunn.

Reversing.

Appellee, Patrick, and Marion Siler were section hands. Siler, while standing about 30 feet from Patrick, was driving a spike with a sledge hammer or spike maul. Patrick was injured by a sliver or sprawl flying from this maul or hammer, striking and penetrating his thigh. Patrick recovered judgment for $500, and the railroad appeals.

He alleges that:

“Said hammer or spike maul belonged to the defendant company, and was furnished or supplied by the company to the man then using it, and he was required by said defendant to use it in said work, and the…