Robinette v. Norfolk & W. Ry. Co.

Opinion op the Coubt by

Judge Clay

Reversing.

This is an appeal from a judgment sustaining a demurrer to, and dismissing,’the petition as amended.

Briefly stated the facts pleaded are these: The railway company operates a line of railroad through Pike county. On August 9, 1930, Robinette was in its employ and was engaged in loading ties into one of its cars. The ties were heavy and it was necessary for him to raise them above his head. The labor of loading them was strenuous, and caused his hands and body to perspire freely. The ties had been soaked in creosote or other poisonous substance, and…