Nash v. Pennsylvania R.

MACK, Circuit Judge.

This is an appeal from a judgment on a verdict for defendant, directed at the conclusion of plaintiff’s case. Except for medical testimony, plaintiff was the sole witness. He was employed in defendant’s yards at Columbus, Ohio, in several capacities; his primary duty, in which he had been engaged for some four months, was the operation of the sand-drying apparatus in the sand house, of which he had sole charge. In addition, he had several tasks to perform outside of the sand house.

The sand house is a narrow building having a basement and three single-room stories. Wet sand…