McKay v. Atlanta, Birmingham & Coast Railway

It is clear from the allegations of the original petition that the pleader was attempting to set out a cause of action *218on the theory that the defendant had harmed the plaintiff by violating his right to be furnished in the switch-yard a properly designed, located, and constructed side-track as to grade, elevation, and curve; that the side-track had too sharp a curve and too steep an incline, and that this condition caused a flat car, on which the plaintiff was riding in discharge of his duties, to be derailed, and that this alleged negligence on the part of the defendant was the proximate…