Cumberland Railroad v. Hemphill

Opinion op the Court by

William Rogers Clay, Commissioner.

Reversing.

*520In this action for damages for personal injuries, plaintiff, John W. Hemphill, recovered of the defendant, Cumberland Railroad Company, a verdict and judgment for $500.00. The company appeals.

The facts are as follows: The company operates a line of railroad extending from Artemus to Wheeler, in Knox county, a distance of about ten miles. At Wheeler, the southern terminus of the road, the Brush Creek Coal and Manufacturing Company operates a coal mine. Its store building is located within a few feet of the railroad track. In…