G., H. & S. A. R'y Co. v. Faber

Stayton, Associate Justice.

The deceased son of the appellee, being an employee of the railway company as a fireman, she could not recover for the negligence of a brakeman, unless it appeared that the appellant did not use proper care in selecting the brakeman through whose negligence it is claimed the injury resulted, or unless it appears that after his employment he was incompetent or negligent and that this was known or might have been known to the appellant by the exercise of due care.

It is claimed that the negligence of the brakeman, Biley Mason, caused the injury.

The evidence offered all…