Bateman v. Peninsular Railway Co.

The opinion of the court was delivered by

Dunbar, J.

Bateman, a locomotive fireman, was killed by the fall of a locomotive through a burning trestle. The complaint alleges carelessness and negligence of appellant in maintaining its line of track and trestles, negligence in allowing the trestle to catch fire, and in permitting drift wood to accumulate about it and forest debris, in failing to inspect its line of track, and in failing to protect the deceased from accident and injury, though it knew of the dangerous condition, and though its section foreman, to whom it delegated the performance of…