Missouri, Kansas & Texas Railway Co. v. Smith

LEVY, Associate Justice.

James Smith was a section foreman ■of appellant, and was with his crew at work on the railway track. •Smith left his section men at work, and was going westward down the . track for the purpose of inspecting the fence on the right of way, which had been reported to be out of order. He had gone but a short distance when an east-bound passenger train came along, and he got off the track to a distance of about twelve feet away from the track and stood there awaiting the passing of the train. It is the contention of appellees that while Smith was standing at this place he…