Southern Pac. Co. v. Green

The defendant in error, T. E. Green, brought this suit against plaintiff in error, the Southern Pacific Company, for damages for personal injuries sustained by defendant in error while in the employ of said company as a brakeman and while engaged in his duties as such. In this opinion the parties will be designated, respectively, as plaintiff and defendant as in the trial court.

The plaintiff’s injuries were caused by the falling of the shovel or bucket forming a part of a machine, designated in the testimony as a steam shovel or excavatox-, which was being operated by servants of the…