L. & N. R. R. v. Irby

Opinion of ti-ib Court by

Judge Nunn

Reversing.

Appellee was head brakeman on one of appellant’s freight trains, and at Pewee Valley, August 26, 1909, • be fell from one of tbe cars in the’ train and suffered tbe loss of both legs below tbe knees and was otherwise injured. He instituted this action to recover damages for bis injuries, and alleged as grounds for recovery that, “through tbe gross carelessness and negligence of tbe defendant, its agents, and servants, superior in an*147thority to the plaintiff, he was thrown upon the track of defendant, and several of the cars and the engine of said…