Mitchum v. Chicago, Rock Island & Gulf Railway Co.

The Court of Civil Appeals found the following facts upon which we must determine the issues between the parties here:

“Appellee was in appellant’s employ as a section hand on its line of railway. In the latter part of January, 1907, as he testified, he and his brother, John Will Mitehum, and one Abies, also section hands, with one Wicher as their foreman, in the discharge of their duties as employees of appellant, were traveling from Park Springs on a hand-car moving south on appellant’s line of railway. When the hand-car reached a point on said line of railway 250 or 300 yards from a curve…