Mawyer v. Southern Railway Co.

Arthur W. Mawyer, the plaintiff below and plaintiff in error here, was a track foreman who had been in the employ of the Southern Railway Company for twenty-five years. While his home was at Monroe, in Amherst county, Virginia, where the accident occurred, he was at that time in charge of a section of the company’s track at, or near, Charlottesville, Virginia, where he had been working for about a month.

On February 16, 1935, he quit work about four-thirty p. m., and, according to his custom, on that Saturday afternoon he returned on train number 35 of his employer, to spend the week-end with…