Missouri, Kansas & Texas Railway Co. v. Wade

The opinion of the court was delivered by

Porter, J.:

Frank M. Wade was employed, in June, 1901, in unloading a car of lumber standing upon a side-track of the plaintiff in error at Mineral, in Cherokee county. His duty was to pass the lumber out of the car to a person on the outside, who loaded it upon a wagon. Plaintiff in error was switching cars back and forth on the side-track, and backed some cars against the one in which Wade was thus engaged. The force of the contact shifted the lumber in the car, and his' ankle was caught and the injury for which he brought this action occasioned. He…