Milburn v. St. Louis & S. F. Ry. Co.

Opinion by

PINKHAM, C.

This case was originally filed by the plaintiff in error, Roy Milburn, as plaintiff, in the district court of Muskogee county against the defendant in error, St. Louis & San Francisco Railway Company, for personal - injuries alleged to have been sustained by plaintiff while an employee in the shops of the said railway company at Muskogee.

Plaintiff’s petition alleged that the railway company was negligent in that it was the duty of the shop- foreman to properly set a certain rest attached to an emery wheel at a certain distance from the wheel; that the foreman neglected to…