Pope v. St. Louis Southwestern Ry. Co. of Texas

In the year 1909 the plaintiff was in the employ of the defendant, a member of what was known as the “scrap gang,” and a part of his duty was to “strip” iron, which was done by using an iron chisel with a handle to it, and a hammer. The defendant company furnished a number of chisels in a box to which the employés would resort to selecta chisel, when needed, from those placed therein by the company for use by the “scrap gang.” On the 3d day of September, 1909, Pope was engaged in the yards at Tyler, Tex., “stripping” iron, which was done by two men. Pope was wielding the hammer, while Maddox…