Louisville & Nashville Railroad v. Dillard

delivered tbe opinion of tbe Court.

Tbis action was brought in tbe circuit court of Sumner county to recover damages for an injury inflicted upon tbe foot of tbe defendant in error in a collision that occurred in November, 1902, at Hendersonville, on tbe line of tbe plaintiff in error, between a freight train and a passenger train. There were verdict and judgment in tbe court below, and tbe railway company, after motion for a new trial bad been overruled, appealed and assigned errors.

Tbe defendant in error was a brakeman on tbe freight train. Tbe declaration contained counts on tbe negligence…