Baker v. Lusk

The plaintiff recovered a judgment against the defendants on account of personal injuries sustained while working as a section hand on defendant’s*right-of-way repairing the railroad track, and defendants have appealed.

The charge of negligence is that the defendants failed to exercise ordinary care in furnishing plaintiff with a reasonably safe place in which to work.

The facts are that defendants had prior to the ’time of the injury scattered along the right-of-way in the country some railroad ties, having thrown them down the embankment some ten or fifteen feet from the rails. They also had…