Chesapeake & Ohio Railway Co. v. Maggard's Administrator

*260Opinion op the Court by

Judge Thomas

Reversing the judgment in the first case, and affirming the one in the second case.

W. Harrison Maggard, a single man about 27' years of age, was employed by defendant, Chesapeake & Ohio Railway Company, as night telegraph operator at its depot station in Prestonsburg, Ky. At about 8:45 o ’clock on the evening of March 8, 1916, which was nearly two hours after he had gone on duty for the night, he undertook to signal a passing freight train (which was a part of his duties) and in doing so he used a swinging electric light suspended from the ceiling and…