Atchison, Topeka & Santa Fe Railway Co. v. Tack

JAMES, Chief Justice.

— Appellee sued for damages for personal injury alleged to have been sustained by him on or about March 2, 1908, while engaged as a locomotive engineer in the service of appellant in New Mexico. He alleged that while in the performance of his duties in ascertaining the condition of the engine, and whilst in the usual position assumed on the side of the cab in doing such inspection, he was struck by a cattle guard and injured, the same being constructed and maintained too close to the track. The petition alleged in addition the Act of Congress of June 11, 1906, known as…