Chesapeake & O. Ry. Co. v. Pope

Opinion op the Court by

Stanley, Commissioner

—Affirming.

Three tracks of the Big Sandy Division of the appellant Railroad Company cross 34th or Plnm Street in Catlettsbnrg at right angles. The sidewalk is constructed of a composition known as “amesite,” and when the •accident involved occurred it had disintegrated and crumbled away along the edges. There was a hole in the paving 3% to 4 inches wide and about 6 inches deep oh the inside of and next to the outer tail of the eastbound track. On the morning of March 21, 1941, the appellee, Homer Ross Pope, was walking south and started across the…