St. Louis, S. F. & T. Ry. Co. v. Mullins

(after stating the case as above). On the theory, it seems, that in assisting in the work on the locomotive ap-pellee was engaged in interstate commerce, and that the risk he incurred was one he had assumed, appellant requested the trial court to instruct the jury to return a verdict in its favor, and complains here because the request was refused. The evidence appellant refers to as supporting its view that appellee was engaged in such commerce was the testimony of the witness Fuller, foreman of the locomotive department in its (appellant’s) shops in Sherman, that the locomotive came from…