Louisville & Nashville Railroad v. Oliver

Opinion of the Court by

Judge Dietzman

Reversing.

For a short while prior to September 30, 1921, the appellee had been working for appellant as a section hand on its railroad in Lee county. On that day the. section gang of which he was a member was employed in fixing the track near St. Helens. In so doing, they removed from the track a worn rail, and at the time of the accident complained of were replacing it with a new rail 33 feet long and weighing about 900 pounds. This new rail was iy2 inches longer than the old one and had to be “bucked” or sprung into place. This was done, according to…