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NELSON v. SOUTHERN RY. CO.

No. 129.

246 U.S. 253 (1918)

38 S.Ct. 233

62 L.Ed. 699

NELSON v. SOUTHERN RAILWAY COMPANY.

Supreme Court of United States.

Decided March 4, 1918.

Attorney(s) appearing for the Case

Mr. A.L. Brooks, with whom Mr. O.L. Sapp, Mr. S. Clay Williams, Mr. R.C. Kelly and Mr. C.L. Shuping were on the brief, for plaintiff in error.

Mr. Garland S. Ferguson, Jr., with whom Mr. H. O'B. Cooper, Mr. L.E. Jeffries, Mr. Clement Manly and Mr. John N. Wilson were on the brief, for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

Nelson, a civil engineer who had been in the employ of the Southern Railway eleven years, was directed to make a survey in one of its yards. While doing so he walked on the main track between the rails where he had seen others walk. As he stepped upon a cross-tie, a small V-shaped piece of it one and a half inches by six, being rotten, slivered off under his weight. His foot slipped down between the ties where...

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