St. Louis-San Francisco Railway Co. v. Herndon

■Mbhabby, J.

The appellee filed his complaint in the Crawford circuit court against the appellants, alleging that on November 27, 1937, while he was in the employ of a coal company and working near the company’s plant in Fort Smith, Arkansas, about nine o’clock p. m., in a boxcar on appellants’ track, and while he was so working in the performance of his duties, he was, by and through the carelessness and negligence of appellants, their servants, agents and employees, seriously and permanently injured; that while he was engaged as above stated, one of appellants’ locomotives approached on the…