Smith v. Louisville & Nashville Rd. Co.

Peck, District Judge.*

Plaintiff herein claims to have suffered personal injuries when he was struck by a portion of the inner wall of a box car which fell while he was unloading it. The undisputed facts indicate that the ear, owned by the New York Central Railroad Co. (hereinafter called “N. Y. C.”) had been delivered by the Louisville & Nashville Railroad Co. (hereinafter caller “L. & N.”) to the E. L. Bruce Co. (hereinafter called “Bruce”) in Tennessee for loading. Sometime thereafter Bruce loaded the car with hardwood flooring and the loaded car was received by the L. & N. around May…