Mo. Pac. R'y Co. v. Watts

Robertson, Associate Justice.

In this case the appellee recovered his first judgment against the appellant mainly upon the theory that the appellant was responsible for the negligent acts of its yardmaster and the foreman of carpenters engaged in its repair shops. On the former appeal, reported in 63 Texas, that judgment was reversed, and the theory upon which it was sustained in the court below was repudiated. It was then held by this court that the servants named and appellee, who was one of the carpenters under the orders of the foreman, were fellow-servants. On the trial resulting in the…