C. & O. Ry. Co. v. Johnson

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

Plaintiff, John Johnson, while walking along the tracks of the Chesapeake & Ohio Railway Company, on February 18,1909, was struck and run over by one of its freight trains. The injuries which he received made it necessary shortly thereafter to amputate both of his legs. He brought this action against the railway company, Frank Robinson, its engineer, and Harry Caldwell, its conductor, to recover damages. The jury returned a verdict in his favor for the sum of $3,000, and the defendants appeal.

The railway company maintains a…