Gulf, Colorado & Santa Fe Railway Co. v. Pierce

BROWN, Associate Justice.

J. A. Miller was in the employ of the Gulf, Colorado & Santa Fe Railway Company as a brakeman on a freight train which arrived at Wynnewood, Indian Territory, and went in on the side track. It was Miller’s duty to adjust the switch for the main track, but he failed to do so. Plaintiff, Pierce, was in the employ of the same company as conductor on a passenger train which arrived at the same station on the same day, after the arrival of the freight train. The switch being thrown for the side track, the passenger train ran in on it, instead of keeping to the main track,…