Cincinnati, New Orleans & Texas Pacific Railway Co. v. Clarke

Opinion of the Court by

Judge Hurt.

Affirming.

The appellee, Phillip Clarke, was an employee of the appellant,' Cincinnati, New Orleans & Texas Pacific Bail-way Company, and engaged in working for appellant in its yards at Lexington, Kentucky. In the yárds of appellant at that place, among other tracks which it had, was a side or switch track, which extended over an ash pit, wherein the ashes from the engines were dumped when it was necessary to clean out the ashes from them. The track was called the “pit” track. At its north end it led off from another switch track, at the switch which leads to…