Kansas City Southern Railway Company v. Diggs

Appellee brought this action against appellant to recover damages for personal injuries sustained by Mm on August 9, 1941, while in the employ of appellant as a section hand, which injuries, it was alleged, occurred by reason of the negligence of other employees of appellant in the section crew with him.

On said date the section crew consisted of four men and the foreman. They were engaged in replacing a defective rail in appellant’s track in Sevier county with a new rail. The old rail had been removed and the new rail placed in position, and it became necessary to close the opening or shorten…