Blankenship's Admr. v. Norfolk & Western Railway Co.

Opinion op the Court by

Judge Miller —

Affirming.

On June 12,1910, Elbert S. Blankenship was killed at Lynn, in Mingo County, West Virginia, by one of appellee’s trains. At this point appellee’s road is double-tracked. Blankenship was a track walker in the service of the appellee, and it was his duty, under that Employment, to walk upon and along both the east and westbound tracks of the road in his section, with a view of ascertaining whether or not the track was safe, and to do light repair work thereon, such as tightening bolts, driving in spikes, etc., whenever he found such work necessary…