Huntington Contract Co. v. Bush

Opinion op the Court by

Judge Miller —

Reversing.

1

The appellant company operated a narrow gauge railroad on Quicksand creek in Breathitt county. In changing the location of the track so- as to prevent the high water from washing it and to enable the trains to pass easily, it became necessary to remove, by blasting, a cliff which hung over the right of way. While the company was engaged in making these changes the appellee Bush and other employees were at work below the cliff throwing blasted rock and earth out of the right of way, under the supervision of Williams, the company's foreman.

Several…