Bosarge v. Gaines

SIBLEY, Circuit Judge.

On general demurrer the petition of Joe Bosarge- against his employer, Frank Gaines, was dismissed. The facts alleged are simple. Gaines was a contractor building a warehouse and wharves at Gulfport, Miss., in which cement was used. A carload of cement shipped on interstate tariffs was placed by the railroad company *801for unloading on a side track along which ran the wooden depot platform. Gaines sent Bosarge to remove the cement from the car and place it on the edge of the platform to be hauled away, directing him to make haste. Bosarge borrowed a hand truck from the…