Nichols v. St. Louis S. F. R. Co.

ANDERSON, C. J., and BROWN and FOSTER, JJ.

(dissenting).

Petitioner in this case was employed to perform police duty for a carrier engaged in both interstate and intrastate commerce, and was assigned to watch a certain interstate train of the carrier at a certain place where it was due to stop and to wait for the line to open for its passage, and where the cars had been previously burglarized. He performed that duty, and, while watching the train, saw one break into a car and return, and as he sought to arrest him was shot from ambush and lost his left eye.

He was not concerned with making up or…