Fenwick v. Illinois Cent. R.

SHELBY, Circuit Judge.

Joseph Fenwick, the plaintiff, was injured while in the employment of the defendant. He alleged that *248the injury was caused by the negligence of Frank Puckett, who was also a servant of the defendant. Puckett, Hughes, Fredericks, and the plaintiff constituted the switch crew in defendant’s yard at McComb City, Miss. Sullivan was the yard master, and, on the night that the injury occurred, Frank Puckett was acting as foreman of the switch crew. In the absence of statutes or constitutional provisions controlling the case, it is conceded that the plaintiff could not recover,…