Chesapeake & O. Ry. Co. v. Smith

MACK, Circuit Judge.

Smith was the rear brakeman on a long train of ninety-eight empty coal cars which was proceeding east on defendant’s lines between Russell, Ky., and Danville, W. Va. He was riding in the caboose with the conductor. The train crew had orders to reduce the train to twenty-five ears at Sproul Yards, at which place there were two switches, known as No. 3 and No. 4 switches. The train was to enter No. 3 switch. The head brakeman by error threw No. 4 switch, and the train, travelling about seven or eight miles an hour, proceeded on No. 4 switch eight or ten ear lengths before…