Brooks v. Louisville Nashville Railroad Co.

Opinion op the Court by

Judge Rees

Affirming.

Appellant was employed as a brakeman by the appellee, and, while so employed, was seriously injured. ±Ie brought this action to recover for his injuries, and at the conclusion of his evidence the trial court peremptorily instructed the jury to return a verdict for the railroad company, and, from the judgment r'endered on the verdict so returned, he appeals.

The only question involved on this appeal is the propriety of the peremptory instruction. The petition alleged that the plaintiff, while working on an intrastate freight train, was knocked from the…