Sears v. Texas & N. O. Ry. Co.

The application for writ of error presents the question of whether, under the federal Employers’ Liability Act (U. S. Comp. St. §§ 8667-8665), the defendant railway company owed to its brakeman, Eugene Sears, any duty of maintaining a lookout to discover and avoid running into and killing him with one of its trains, where, as the evidence shows, he was at the time of the accident lying asleep perilously near its track in pursuance of no right.

The widow of Sears brought the suit individually, as next friend of the children of the marriage who were minors and whom she joined, and as temporary…