Stevens v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Smith, J.:

The undisputed facts .in this case, briefly stated, are: Stevens was employed by the railroad company as night watchman at Mineral, where there were switch yards but no roundhouse, and where, on a cold night in February, 1907, with two other men, he was to pare for three -engines. Their duties were to keep up sufficient steam to prevent the pipes from freezing. Stevens had been employed at this business only a short time, but longer than either of the other workmen, who were subject to his direction. The engines were numbered 159, 165 and…