Arizona Eastern Railroad v. Hudson

(Dissenting). — I regret not being able to concur in the opinion of the majority, but the record convinces me that the judgment should-be affirmed for the reasons which follow.

At the time of the accident appellee was employed as a section-hand and track-walker. He worked with the gang part of the time, but as track-walker rode the section — one end one day and the other the next— for the purpose of observing the track, remedying such conditions as required immediate attention and were within his power to fix himself. If he found anything dangerous and beyond his power to handle alone, it was…