Chesapeake & Ohio Railway Co. v. Shamblen

Opinion of the Court by

Judge Nunn.

Affirming.

Appellee was operating a locomotive engine of a freight train at Garrison, a station on appellant’s railroad. Leaning out of the cab window observing bis train bis bead was injured by striking against a freight ear' which had been left on a switch too close to the main track. In this action for damages he recovered $500. He was employed as a fireman, but when injured he was operating the engine in place of the engineer who had been called off temporarily.

Shortly after the train stopped at Garrison, his. engineer, under direction of the conductor,…