Missouri Pacific Railroad Co. v. Vinson

The question is, Was appellant negligent?

Appellee was an employee of the Railroad Company and was helping a fellow-servant stack crossties in a box car. .Appellee was an experienced man . . . “and knew all about that kind of work. ’ ’

In his testimony appellee said: “It was well lighted in the car and we were stacking the ties lengthwise, with two stacks at each end of the car. When I was injured we had already built the first stack up and were working on the second. We were stacking the ties almost to the ceiling, which is eight or nine feet high. Two men would take a tie, one on each end,…