Nashville & Chattanooga Railroad v. McDaniel

This is an action brought for an injury received under about the following state of facts:

Plaintiff had been in the employ of the railroad, perhaps, for a number of years, as bridge watchman at Elk river. A suit was pending between the company and a third party, and plaintiff, with several others, likewise employees, were under subpoena to attend the trial at Jasper, Marion county, as witnesses for the road. They were on the train going to Jasper. When *387they reached the tunnel through Cumberland mountain the train was stopped, and it was soon ascertained that a large rock had fallen from the…