Missouri Pacific Railway Co. v. Bond

HEAD, Associate Justice.

On the night of August 5, 1888, Edward F. Bond, while in the employ of John C. Brown, receiver of the Texas & Pacific Railway Company, as switchman in the yards at Fort Worth, was killed by being run over by the engine upon which he was braking.

His death was caused by a pile of loose cinders, which had been unloaded by the track foreman on the day previous to the accident, near one of the rails and a short distance from the switch Bond was required in the discharge of his duty to operate. The cinders being about the color of the ground, and Bond not knowing of their…