Kansas City, M. O. Ry. Co. of v. Foster

The appellee sued the Kansas City, Mexico & Orient Railway Company of Texas, and the Panhandle & Santa Fé Railway Company, jointly to recover damages for personal' injuries, alleging that the defendants had been negligent: (a) In requiring him to handle switch ties without a sufficient number of men to assist him, and (b) in permitting a switch block to be left where he could and did stumble over it in handling such ties. "

The defendants’ answer consisted of a general denial and a special answer that appel-lee was in the employ of the Kansas City, Mexico & Orient Railway Company, and not of…