G., H. & San Antonio R'y Co. v. Drew

Stayton, Associate Justice.—

The record shows that the appellee was engaged as fireman on a locomotive which had for some time, without a pilot or cow catcher, been used with a construction train.

On the 18th of March, 1882, the superintendent of the railway, and also the train dispatcher, directed the engine to be taken from Eagle Pass Junction, where it then was, to San Antonio, that a pilot might be put on it. The engine had been in use about ten days without a pilot, during which time the appellee was engaged with it.

Upon cross-examination the appellee testified as follows: “ Previous to…