Kastl v. Wabash Railroad

The plaintiff’s intestate was a car inspector in the employ of the Wabash Railroad Company, and, while engaged in the inspection of certain cars belonging to said company, was killed through the error of a switch-man in throwing a switch, whereby another train was sent against the cars which he was inspecting. It is conceded that if the switchman, Hamill, was in the employ of the defendant Wabash Railroad Company, there can be no recovery, as in that case the alleged negligence of Hamill was that of a fellow-servant. It is contended, however, that this cannot be said, and that Hamill was the…