Ft. Worth & Denver Railway Company v. Claude Threadgill and E. J. Haymes and Nunn Electric Supply Company

TUTTLE, Circuit Judge.

This suit arose out of an accident which occurred at the grade crossing of Farm Road No. 400 and the appellant railroad’s line in Lubbock County, Texas. On Friday afternoon, October 9, 1953, the appellee Threadgill and two other section hands and a foreman of the railroad were sent to a point about 400 yards beyond the crossing to build a sand barrier out of crossties. When they finished with this job, and were preparing to leave it, the foreman ordered the men to run the motor car and push car on which they had brought the ties back to the grade crossing, where they…