McKee v. Cincinnati, Flemingsburg & Southeastern R. R.

Opinion op the Court by

Judge Turner

Eeversing.

Appellant in September, 1910 was injured at Flemingsburg by the backing in of an engine on to a side track and against some freight cars, between two of which, he was at the time coupling the air brakes. He was 43 or 44 years of age and had been an employee of the Company for some twelve or thirteen years in various capacities, and acted in almost any subordinate capacity when called on. He was not the regular fireman on appellee’s train, but the day of his injury, by reason of illness or absence of the regular fireman, was acting in that capacity…