York v. Rockcastle River Railway Co.

Opinion of the Court by

Judge Clay

Affirming.

The only question on this appeal is whether the petition was properly dismissed on demurrer.

The case is pleaded under the federal-. Employer s’ Liability Act, and, conceding that the facts stated are sufficient in that respect, it remains to determine whether the petition as amended states a cause of action. Briefly stated the averments of the petition are these: Plaintiff was employed by defendant as-a section hand and was at work on its track and road bed. While at work, under the orders and directions of its section foreman, the defendant, its…