Roberts v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

This is a suit to recover for personal in- , juries sustained by J. M. Roberts while working in one of the shops of the Missouri, Kansas & Texas Railway Company.

In fitting or rolling the flues of boilers an air motor is used. One of the motors used by the defendant was attached by chains to a piece of pipe or flue which was placed about seven feet high on ladders or horses near the boiler on which the plaintiff was working. It was attached so as to give the motor some play, and that it might be moved back and fortn from, flue to flue as…