Walton v. T. C. I. & R. R.
Walton v. T. C. I. & R. R.
Opinion of the Court
The plaintiff alone- testified to the manner in which he received his injury. It seems that there was some defect in the switch, but that fact cannot be attributed to any breach of duty owing from the defendant to the plaintiff at the particular time, for the plaintiff’s business at that time was to repair the defect. As for other aspects of the case, we have been unable, after repeated readings of the plaintiff’s testimony, to find anything upon which a jury might hang a verdict for the plaintiff. The fact that plaintiff was hurt while in the employment of the defendant, and while engaged in doing what his contract of employment required him to do, did not suffice to charge lia
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.