American Stone Ballast Co. v. Marshall's Administrator

Opinion op the Court by

Judge Clarke

Affirming.

Appellant’s rock crnshing plant is located consider- , ably below the tracks of the -Cincinnati, New Orleans and *134Texas-Pacific Railway Company, and connected therewith by a spur track, which is quite steep. Near the crusher bins the spur track splits into three switch tracks, one called the “run-around track,” -which as its name implies does not enter but runs around the crusher, and two others which pass under the crusher bins and are called, respectively, the “screening's” and the “ballast” track.

On the morning of the accident which resulted in…