Gulf, Colorado & Santa Fe Railway Co. v. Darby

GARRETT, Chief Justice.

On October 6, 1899, the appellee was injured while in the employ of the appellant as .a switchman in its yards at Temple by coming in contact with the roof of a building projecting dangerously near the line of the railroad. His crew had been sent to the storeroom track to take out a caboose. It was about 7 p. m., and dark; the men had lighted their lamps. The caboose was coupled on to the train and the appellee mounted it by a ladder on the side and started to the brake to unlock, it, walking with his back to the direction in which the cars were moving, when he was…