Missouri Pacific Railway Co. v. Sharitt

When the judgment of affirmance was rendered in this court, I had grave doubts whether *388the law had been properly declared. Since then I have reexamined the facts disclosed by the record, the decisions referred to by the attorneys, and the authorities in the opinions heretofore filed. My opinion now is that a rehearing should be granted, and that the judgment of the trial court should be reversed. My reasons are as follows:

It appears that Sharitt, the employé, during the month of June, 1887, performed manual labor for the Missouri Pacific Railway Company, which system extends through Missouri…