East Tenn., Va. & Ga. Railroad v. Thompson

— This action is brought by appellee, as administratrix of Anderson Thompson, under section 2591 of the Code. The complaint, which is framed under the first subdivision of section 2590, avers that plaintiff’s intestate was, at the time he was killed, in the employment of defendant as brakeman, and that while in the discharge of his duties on the top of a car, attached to a running train, he was struck by a pipe projecting from a water-tank, knocked off, and caused to fall under the train, resulting in his death. The defect which caused his inj ury is alleged as follows : “That said pipe was *638pr…