Runk v. Chicago, St. Louis & New Orleans Railroad

Opinion of the Court by

Judge Thomas

— Affirming.

Boddie & Powell was a corporation engaged in the business of operating a coal mine in Hopkins county. Appellant and plaintiff below, O. M. Bunk, was one of its servants and employees. Tbe company maintained a tipple, from which, it dumped tbe product of its mine into cars standing on a side track that it owned and constructed for its use and benefit. Tbe side track ran from and parallel with a spur track that was. constructed by tbe appellee and defendant below, Illinois Central Bailroad Company, which was tbe lessee of tbe other defendant and…