C., N. O. & T. P. Ry. Co. v. McCane

*475Opinion of the Court by

Chief Justice Sampson—

Affirming.

As a section hand appellant McCane was required to work on the track of appellant -company and at the end of the day’s labor to pump- one of the handle bars of a hand car to carry himself and other men to their places of abode. While operating the hand car for the purpose aforesaid, appellee, MeCane, was, a-s. he claims, through a defect in the lever of the machinery of the car jerked and thrown from the car on to the track in front of the car and was run over and badly injured by the same. This suit was instituted by him to recover…