Truex v. South Penn Oil Co.

Brannon, Judge:

The South Penn Oil Company was using a boiler on its premises in the production of oil, and on the boiler was a steam whistle used in the operations of the company for giving the hours for commencing and quitting work to • its-employees by blowing. One end of the boiler was two feet from the edge of a public highway and eighteen feet from its center. On the boiler was the steam whistle, eleven feet from the. highway. W. H. Truex was riding on horse back on the highway and when distant from the boiler one hundred and seventy-ftve feet, having come down the road several hundred…