Cincinnati, New Orleans & Texas Pacific Railway Co. v. Jones' Administrator

Opinion of the Court by

Judge Carroll

— Affirming.

This is the second appeal of this case. In the former opinion, which may be found in 171 Ky. 11, the facts are stated very fully, and it will be necessary to repeat only such of them here as will serve to point out the grounds upon which a reversal is sought.

Jones was a member of a crew of section men engaged in repairing the tracks of the appellant company, and in the course of this work he was using a heavy jack. The place where the men were at work was protected from passing trains by a green flag put out on each side a sufficient distance to…