Lusk v. Wilkes

Opinion by

EDWARDS, . 0.

The defendant in error will be referred to as plaintiff, and the plaintiffs in error as defendants, according to their position in the lower court.

This action was instituted by the plaintiff in the district court upon a petition setting out two causes of action. In the first cause of action it is alleged that the plaintiff was. at the time of the injury sued for, in the employ of the United States government as a railway mail clerk, and was engaged in the performance of his duties as such, on a train operated between the cities of Denison, Tex., and Sapulpa, Okla,; that…