Missouri-Kansas-Texas Railroad Company v. Jones

BLACKBIRD, Justice.

This appeal involves an action commenced by defendant in error, as plaintiff, to recover damages against plaintiff in error, as defendant, for personal injuries he suffered while using a jack under an insulated tank car in defendant’s railroad yard in Oklahoma City. Our continued reference to the parties will be by their trial court designations.

At the time of the accident on September 28th, 19SS, plaintiff had been in defendant’s employ as a car inspector and repairman for several years. The tank car involved had been routed to what is referred to as the repair, or “rip”,…