St. Louis & San Francisco Railroad v. Burgess

The opinion of the court was delivered by

JOHNSTON, C. J.:

In this action T. H. Burgess asked a recovery from the St. Louis & San Francisco Railroad Company for personal injuries sustained by him while working in the water-service department of the company. He was employed as a day-laborer in digging a ditch, and on the second day of his employment the bank caved upon him, inflicting severe injury. The work was done under the orders and direction of a foreman and subforeman, whose duties, it is alleged, were to see that the workmen had a reasonably safe *455place to work, to keep a careful lookout…