Robinson v. McNeill

The opinion of the court was delivered by

Scott, C. J.

This action was brought to recover damages sustained by John Walter Robinson, caused by falling from a handcar under the general control of the defendant, and the plaintiff has appealed from a judgment of non-suit.

*164"From the plaintiff’s showing, it appears that he, with a number of other boys, had obtained a loan of the hand-car from the section foreman, who had control of it for the purpose of enabling him to discharge his duties in repairing the track, etc. The boys had obtained the car for the purpose of going along the track to a…