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TEXAS & PACIFIC RY. CO. v. CARLIN

No. 222.

189 U.S. 354 (1903)

TEXAS AND PACIFIC RAILWAY COMPANY v. CARLIN.

Supreme Court of United States.

Decided April 6, 1903.

Attorney(s) appearing for the Case

Mr. David D. Duncan for plaintiff in error. Mr. John F. Dillon and Mr. Winslow S. Pierce were on the brief.

Mr. F.E. Albright for defendant in error. Mr. E.C. Orrick and Mr. J.E. Terrell, Jr., were on the brief.

MR. JUSTICE PECKHAM, after making the foregoing statement of facts, delivered the opinion of the court.

Two grounds have been urged upon the court for reversing this judgment and granting a new trial. One was that the negligence of the railway company, if any, was that of a fellow-servant, for which it was not liable; and (2) that there was no evidence of the negligence of the foreman, in failing to discover the maul or hammer...

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