Schaff v. Strickland

The action is by the appellee for damages for alleged personal injuries. Ap-pellee alleges in his petition as follows:

“That while the plaintiff was in the discharge of his duty as section hand, one of the defendant’s trains operated upon the defendant’s line of railway by the servants and agents of the defendant passed the place at which the plaintiff was then working. That upon the approach of the said train the plaintiff stepped back to a safe distance of some 20 or 25 feet from the track, and remained at the said point during the passage of the said train. That while the plaintiff was at…