Missouri Pacific Railroad Company v. Ross

Appellee was, on July 28,1938, working as a carpenter for the Lund-Buxton Engineering Company, hereinafter called the contractor, and was engaged in constructing forms to be used in the repair of the Main street crossing on the tracks of appellant' in the city of Malvern, Arkansas, for which purpose the contractor had been employed by it. The forms being built by appellee were to be used in the pouring of concrete, and a concrete mixer was operating near by, making a great deal of noise. Platforms were laid across the tracks, over which to roll wheelbarrows ill going to and from the mixer,…