Smith v. Western & Atlantic Railroad

1. If a person under due authority from a railroad company

goes upon one o'f its engines hauling a train, for the purpose of learning the duties of a fireman, and performs services for the company in order to gain such experience and knowledge of the wor-k as will render him competent to act as a regular fireman and to receive pay as such, thus becoming what is called “a learner fireman” or “an apprentice fireman,” he is, while thus acting, a servant of the company, although he receives no pay during the time of such preparatory service, and as such servant he is a fellow servant with the…