Waldo v. Galveston H. & S. A. Ry. Co.

Plaintiff in error was employed by the defendant in error in a clerical position. His *275work was performed in a room where a number of other employees were engaged in the discharge of their respective duties. While so engaged, one of his coemployees shot with a rubber band a wire clip, which struck the plaintiff in error in the eye, so seriously injuring it as to necessitate the removal of the eyeball.

In this suit against the railway company to recover damages for the injury thus sus- p tained, he alleged two grounds as a basis for recovery:

First, that said company failed to provide him a…