Texarkana & Ft. Smith Railway Co. v. Anderson

The defendant in error (plaintiff), a section hand in the service of plaintiff in error (defendant) had his foot mashed by the falling upon it of a steel rail which he and other section men, his coemployes, were carrying from a push car to put it in place upon the ground, and recovered the judgment before us for the resulting damages. The negligence on which the judgment is based was that of the co-employes in allowing the rail to fall. They were plainly his fellow •servants, engaged in doing the same piece of work and he can not recover, unless he was hurt “while engaged in the work of…