Louisville & Nashville R. v. Hyatt's Adm'x.

Opinion of the Court by

Judge Quin

Reversing.

August 5, 1917', Davis Hyatt, while employed by appellant as a member of a section crew, was killed 'by a train. His territory included the double track between *86Livingston on the north and East Bernstadt on the south. Between these two points trains south bound are compelled to climb a considerable hill, and so great is the grade that it has been the custom for many years to have a “helper,” that is an engine to pull or push heavy trains over the hill. This helper is turned on the Y at East Bernstadt and returns to Livingston on the north bound…