Houston & Texas Central Railroad v. Alexander

The deceased, whose death was the occasion of this action by the defendants in error for damages, was killed by a fall from the tender of one of defendant’s engines at Sherman. There is no dispute or uncertainty whatever about the facts. It was the duty of deceased to put fuel oil in the oil tank of the engine, at night, when it came into Sherman from the south. His custom, and that of all who performed such service, was to enter the cab of the engine, ascend from its gangway to the top of the tender, or water tank, and walk along it until reaching a wooden box, to be described presently,…