Railway Express Agency, Inc. v. Cox

WALLER, Circuit Judge.

Cox, a Railway Express messenger, let a pistol fall out of a holster, with the result that the hammer supposedly struck the floor of the express car and fired a bullet into his foot, thereby giving rise to this suit against his employer for damages thus sustained.

Plaintiff was required, on each trip, and when on duty, to wear a pistol issued to him by a local agent of the Company. He alleged that after having received a pistol from a Company agent, he, in the course of his employment, bent over to pick up a package and the gun fell out of the holster which also had been…