Louisville, New Albany & Chicago Railway Co. v. Berkey

This case rests substantially on the following facts:

The appellee’s intestate, Hays, was in appellant’s employ as a brakeman. On the 16th day of August, 1890, a train crew consisting of John Smith, engineer; a fireman, whose name is not furnished us; David Welch, conductor; Granville Hays and Melville Hays, brakemen, took a through freight train of appellant, at Bloomington, Indiana, to run it to New Albany. At the station of Harrodsburg, about twelve miles south of Bloomington, this train was laid out for three or four hours on .a siding, waiting, under orders, for other trains to pass.…