Cin., N. O. & T. P. Ry. Co. v. Harrod's Admr.

*447Opinion op the Court by

Judge 0 ’Rear.

Harry Harrod was a brakeman in the employ of the Southern Railway Company. The latter company and appellant railway company use the same yard tracks for switching at Georgetown. In the month of February, 1904, early in the morning, about 6 o ’clock, Harrod and others of the crew in charge of a Southern train were shifting cars on these tracks at Georgetown, in which they had occasion to nse the main track of the appellant road. There wias a through passenger train dne on appellant’s road passing from the sonth through Georgetown at 6:19 a. m. It was known…