Louisville & Nashville Railroad v. Gayle

Opinion of the Court by

Judge Clay —

Affirming’.

J. H. Gayle sued the Louisville & Nashville Railroad Company'to recover damages for personal injuries. From a judgment in his favor for $6,000.00 the railroad company has appealed.

The facts are these: Appellee and his co-worker, Herbert Alexander-, were engaged in tamping a erosstie on appellant’s track in Henry county. Alexander’s pick struck appellee’s pick and caused the latter to strike appellee in the head. In tamping ties two employees work together, and according to the evidence for appellee, the proper method was for them to begin at…