Southern Railway Company v. Harpe

The appellee, a section foreman employed by the appellant, brought this action to recover damages alleged to have resulted from the negligence of the defendant by reason of which he was struck by a train and injured. There was a judgment for the plaintiff.

Many errors are assigned, but we need only consider the assignments in the motion for a new trial questioning the sufficiency of the evidence and an instruction.

There are two averments of negligence. One is that the track supervisor, Frank Anson, under whose direction the plaintiff was working, told the plaintiff that the east bound…