McFarland v. Chesapeake & Ohio Railway Co.

Opinion of the Court by

Chief Justice Settle

Reversing.

*553In this action brought by the appellant, H. B. McFarland, against the appellee, Chesapeake & Ohio Railway Company, to recover damages for injuries to his person, caused by the falling of a scaffold upon which he was at work as a painter and employe of the latter, the jury, upon the trial and at the conclusion of all the evidence, in obedience to a peremptory instruction from the court, returned a verdict in behalf of appellee. Appellant complains of the judgment entered upon that verdict and has appealed.

According to the evidence, appellant…