Fort Worth & Denver Railway Company v. A. W. Thompson and W. D. Sides, D/B/A Sides Fruit Company

HUTCHESON, Chief Judge.

Brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., the suit was for damages resulting from an injury to plaintiff received while, as a member of a switching crew, he was working on an industry track which ran along the side of the warehouse of Sides Fruit Company, a corporation.

The injury occurred in this way. When the switch engine reached the warehouse it found the track blocked by a refrigerator car which was being unloaded into the warehouse; and it became necessary to move the car and close the warehouse doors. After this had been done,…