Chesapeake & O. Ry. Co. v. Miles

CULLEN, Commissioner.

The C. & O. Railway Company appeals from a $1,500 judgment against it, in favor ,of Jack D. Miles, for personal injuries súsr tained by Miles while in the employ of the railway company.

Miles’ petition purported to state a cause of action at common law arising out of the negligence of his employer in failing to provide a safe place of employment and in failing to warn him of the dangers incident to the work in which he was engaged, which consisted of replacing rails on a spur track. However, it was clearly established by the evidence on the trial that Miles’ employment was…