Hinson v. Atlanta & Charlotte Air Line Railway Co.

Clare, 0. J.,

dissenting: On 20 December, 1914, the plaintiff' was a hostler in the yards of the Southern Eailway Company, the lessee of the defendant, at Charlotte. Having finished his. work for the day, and it being nearly dark, he started home along the path which had been used by employees of the company for twenty years past. This path crossed a number of railroad tracks, on one of which there was a train of dead cars, standing on what is known as the “set-off” track. The ears ready for movement were on another track, known as the “pick-up” track. When the plaintiff came to the cars on…