Sloss-Sheffield Steel & Iron Co. v. Bearden

McCLOELLAN, j.

a report of this case on former appeal appears in 74 South. 230. Young Bearden, an employé of the defendant (appellant) had his foot injured when he was in the act of getting on a car in a tramtrain operated by the defendant about its surface mine in Franklin county. The only count submitted to the jury was count H. This count ascribed plaintiff’s (appellee’s) injury to the negligence of one Hurst, the operator of the “dinkey engine,” to which ears were attached, over the tramtraek. Aside from a general traverse of count H, the defense was, to summarily state it, that plaintiff…