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

Opinion op the Court by

Sandidge, Commissioner

Eeversing.

The appellee, John Magee, recovered a judgment in the Boyle circuit court against the appellant, Cincinnati, New Orleans and Texas Pacific Eailway Company, for $1,500.00 in an action for damages on account of personal injuries received by him while an employe of the appellant and in the discharge of the duties of his employment. *723Its motion and grounds for a new trial having been overruled, appellant has prosecuted this appeal.

By his pleadings the appellee based his right to recover upon the alleged fact that appellant had furnished him a…