Wabash, St. Louis & Pacific Railway Co. v. Mahaffee

This was an action on the case, brought by the appellee against appellant in the Circuit Court of Alexander county. The trial of the canse resulted in a verdict against the appellant. The case is brought to this court by appeal.

The first error assigned is that the court erred in giving to the jury the plaintiff’s instructions numbered from one to ten inclusive.

The ninth instruction given for appellee in the circuit court is as follows:

The court instructs you that the said Belton J. Mahaffee, as a brakeman upon the train or trains of the defendant, was not a fellow servant with the said…