Missouri, K. & T. Ry. Co. of Texas v. Moore

Appellee’s cause of action as alleged by him, in substance, is, that, being at appellant’s depot in Alba, Tex., when appellant’s passenger train came and stopped, he was requested by the baggageman, an assistant to the depot agent, to assist him in loading a large drummer’s trunk that was then on the depot platform; that in trying to lift said truink into the car he had one finger mashed; that an emergency existed which authorized said assistant to employ him in such work, and he was therefore in appellant’s employ at the time. Appellant answered that appellee was a volunteer or trespasser in…