Cincinnati, New Orleans & Texas Pacific Railway Co. v. Tucker

Opinion of the Court by

Chief Justice Miller—

Eeversing.

While the appellee, Sherman Tucker, was working for the appellant as a section hand in a crew of five men, under the direction of John Cox, a section foreman, it became necessary to remove a rail in the track and put a new one in its place. In the course of the work Cox directed the men to carry a rail from a rail-rest near the track to the place where it was to be put in the track, a distance of about fifty feet.

Before attempting to carry the rail, Tucker said to Cox that the rail was too heavy for the men to carry; but Cox said he…