Sartain v. Jefferson City Transit Co.

Defendant is a railway company and was engaged in an extension of its line from the then present terminus. Plaintiff was engaged in its service in hauling ties and unloading them- off his wagon onto the roadbed, preparatory to being placed on the bed and receiving the rails. He was injured while thus unloading ties from his wagon. He brought this action for damages, charging that he was hurt by reason of the negligence of one of his fellow servants and recovered judgment in the circuit court.

A railway company by provision of our statute (Sec. 5434, E. S. 1909) is made liable to a servant, in…