Western & Atlantic Railroad v. Michael

(After stating the foregoing facts.)

(2-7) It appears to us that the plaintiff’s own evidence, emphatic and unequivocal, disproved his own cause of action, the only difficulty encountered by the court being that there was testimony to the effect that previous to the injury the plaintiff had been sent away from the bank, bench, or terrace where he was working loading the skip-board, on some other errand pertaining to his master’s business, and that while he was absent for something over an hour on such mission, the position of the cable used in *607hoisting the skip-board was changed so as to cause…