Ephland v. Missouri Pacific Railway Co.

Ellison and Gill, JJ.

Af¡ce^hisTruc-ac" tions."new ques' We can not agree to the following opinion. We do not find anything in the record to justify the discussion contained the opinion.. Defendant did not ask to have the questions submitted to the jury, whether Lamb was a “hind” or swinging brakeman; or whether he had any duty to perform in the caboose, whether with the brake or otherwise; or whether he was acting in the line of his employment when he made the exclamations charged. All of defendant’s instructions are silent as to each of these matters discussed by Judge Smith.

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