Ohio & Mississippi Railroad v. Hammersley

— This was an action by the appellee to recover for the death of his son, a minor, caused by the negligence of the appellant.

Among other defenses, the appellant answered that the deceased was in the employ of the railroad company, and that his duties were to furnish water to the other servants employed on a construction train, and that in violation of the known rule of said appellant, he took a position upon the engine drawing. said train, and that by reason of the position so occupied the injury resulted, and without the fault of the appellant.

On the trial, the appellant offered a witness to…