O'Leary v. Wabash Railroad

Thomas O’Leary was employed by the Wabash ¡Railroad Company as one of an engine crew, engaged in switching cars in the company’s yards in East St. Louis. There were two crews engaged in this work—one in the upper and the other in the lower yard. It was the business of the crew in the upper yard to throw, or “ kick ” cars across certain railroad crossings to the crew in the lower yard, and it was the business of the latter to receive and handle the cars thus delivered to them. Each crew had a foreman who gave orders to his own crew, and both crews were under the command of a common yard…