Newhouse v. Kanawha & West Virginia Railroad

Miller, President:

The demurrer to the plaintiff’s declaration was overruled by the court below, and its action thereon is not challenged here. The plaintiff, a day-laborer employed by defendant in the construction of its railroad, in an action on the case, seeks recovery of damages for injuries sustained by him on the evening of May 23, 1906, in leaping from a flat-car of the construction train on which he was being carried by the defendant from his place of work to his boarding house. Along the line of the railroad was a derrick used in lifting stone, supported by two large wire guy-ropes…