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

Opinion of the. Court by

Judge Settle

Reversing.

The appellee, Thomas Gardner, while in the employ of’ the appellant, Cincinnati, New Orleans & Texas Pacific Railway Company, and engaged with other of its servants in loading steel rails on a flat car under the direction of its assistant foreman, was injured by the falling of one of the steel rails upon him, which fractured one of the bones of his ankle and crushed his foot, thereby *49causing him great mental and physical suffering" and permanently impairing his ability to labor ■ and earn' money. ' '

This action' was brought by him in the Pulaski…