Cincinnati, New Orleans & Texas Pacific Railway Co. v. Burton

Opinion op the Court by

Judge Quin

Beversing.

Appellee was injured by a flying sliver or splinter striking Ms eye and destroying Ms vision. He was employed at appellant’s shops near Somerset, Kentucky. At the time of the injury he was attempting, through the use of an ordinary hammer, to drive a bushing from a brake hanger. He claims he was doing the work in the manner directed by the company’s foreman.

Appellee had been an apprentice machinist for about three and one-half months, and prior to that time he had been a machinist’s helper. According to his testimony he had assisted in driving out…