Cincinnati, New Orleans & Texas Pacific Railway Co. v. Black

Opinion of the Court by

Chief Justice Hobson—

Affirming.

Fleming- Black was in the service of the Cincinnati, New Orleans & Texas Pacific Railway Company at Nicholasville as a freight porter. Next to the depot there is-the house track, next the main track and beyond this is the passing track. The main track is ballasted' with stone; the side tracks with cinders; and between the tracks there is a depression. A freight car was standing on the passing track from which freight was to he removed to the depot about twenty-five feet distant, and across the main track and the house track. The conductor…