Martin v. Coal Co.

Beannon, Judge:

The Hughes Creek Coal Company is a private corporation engaged in Mining Coal, its works being on land owned by it-on the line of the Kanawha & Michigan railroad. As a part of its operating equipment it has tracks ’for receiving empty railroad cars and loading coal, connecting with the said railroad, as a switch track, but on its own land. It had some empty cars standing on its track. The track had a slight down grade from a point *712at the top of the grade called a lmuclde, the point where empty cars stood. One of the company’s employees, in order to take one of these cars from…