Truesdell v. Chesapeake & Ohio Railway Co.

Opinion op the Court by

William Eogers Clay, Commissioner

— Affirming.

In this action for damages by plaintiff, J. L. Trues-dell, against defendant, Chesapeake & Ohio Eailway Company, the trial court, at the conclusion of the evidence, directed a verdict in favor of the defendant. Plaintiff appeals.

Plaintiff was a section laborer, and had been so employed by the defendant for about two months prior to the accident, which occurred on November 20, 1911. On that day the section crew of which plaintiff was a member, and which consisted of a foreman and eight or nine laborers, was engaged in removing…