Evans v. Carter Coal Co.

Hatcher, Judge:

This is a personal injury case. Plaintiff was an employee of defendant Coal Company, and lived in one of its houses. The house was above and across the public highway from the gravity storage railroad tracks used by the Company. Plaintiff, several months before his injury, had strung a radio aerial from a tree at his house to a tree beyond and above the tracks. The Company is not shown to have known of this. For the purpose of repairing the aerial, he climbed to the top of one of a string of loaded railroad cars standing on one of the tracks. As he was so engaged, the standing…