Missouri Pacific Railway Co. v. Jones

HOBBY, Judge.

It is urged by the appellant that the petition shows no cause of action against it, and that it does show that plaintiff below was not in its employ, and that the defendant owed him no duty.

The averments showing appellant’s liability were that one Phaling, the general yard master, employed plaintiff and placed him at work in the yards of the Missouri Pacific Railway Company, to couple and uncouple cars for said company; that this was the result of an agreement between the appellant and the receivers of the Texas Pacific Railway Company, by which the latter were to furnish a crew…