Southern Railway Co. v. Bufkins

On Petition for Rehearing.

Roby, J.

Appellant urges its petition for rehearing upon the ground that the answers to interrogatories do show that appellee was injured by reason of defects in the track in which he was engaged in repairing. The findings are that appellant’s track between Jasper and Huntingburg was being “practically rebuilt,” including the elevation of bridges to conform to new grade lines, and that appellee was assisting to raise such bridges to such lines.

The averment of the complaint is that the appellant had negligently suffered and permitted a part of its track, known as the…