Gabbard v. Louisville & Nashville Railroad

Opinion of the Court.by

Judge O’Neal

Affirming.

Appellant, Price Gabbard, instituted this action in tbe Breathitt circuit court to recover damages of tbe appellee, L. & N. E. E. Company, for injuries be sustained in June, 1921, while- working for the latter as a section band. Upon the trial at tbe conclusion of bis evidence tbe court peremptorily instructed tbe jury to find a verdict for the appellee, and from the judgment entered upon that verdict be prosecutes this appeal.

Tbe section crew of which appellant was a member were engaged at work grading down a steep bill, at tbe foot of which were…