The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 84
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250 FEDERAL REPORTER
shovel. The company answered that, if the plaintiff suffered any
injury on account of the negligence of any of its servants, they were
his fellow servants and the company was not liable therefor. At the
close of the evidence for the plaintiff, the court directed the jury to
return a verdict for the defendant on the ground that the plaintiff's
injury appeared to have been caused by the negligence of his fellow
servants. This is the ruling of which the plaintiff complains, and it
was founded upon these facts: The cement company was, and for more
than six years had been, a corporation engaged in the manufacture and
sale of cement at Ilasco, Mo. It had a large manufacturing plant
there where it crushed rock, burned it, and made it into cement. About
a mile from its manufacturing plant it had quarries from which it
took the rock and transported it on cars over railroad tracks to its
plant. It had the Hannibal Connecting Railway Company do all its
railway work, such as loading the rock onto cars, pulling them away
from the steam shovel, and turning the cars over to other men who
took them over the railway tracks to the crusher and the mill. The
quarry in which the plaintiff was injured contained a solid body of
rock about 30 feet in height, and the rock used was separated from
this solid body by dynamite and was then loaded into the cars by
means of a steamshovel and crane operated by an engineer and men
who were employed and paid by the cement company. The plaintiff
was employed and paid by the Hannibal Connecting Railway Com-
pany. The solid rock or cliff of the quarry faced north. Two par-
allel railway tracks, near enough to each other to permit the shovel
and crane to stand on a car upon one of them and load rock onto a
car on another, extended north from the face of the cliff in the quar-
ry. These tracks were moved by the cement company from time to
time as the rock was removed, and there were other tracks in the
quarry which were likewise used and moved when the work re-
quired. The plaintiff was the switchman of the crew consisting of an
engineer, fireman, and this switchman, which was moving the empty
cars in from the entrance to the quarry to the face of the cliff, taking
the cars away when loaded, and turning them over to another crew
which took them from the quarry to the plant. The cars were handled
in this way. The shovel and crane were placed upon one of the two
tracks so that the shovel would reach the rock which had been separated
or loosened by the dynamite and was lying against the face of the cliff.
Several empty cars in a train were backed in onto the track by the side
of the shovel, and the rear car was placed where it could be loaded by
the use of the shovel and crane. When that car was loaded, the cars
were pulled out, the loaded car was set on the track back of the shovel,
or elsewhere upon an empty track in the quarry, and the other cars
were backed in, one of them was loaded, the cars were pulled out, and
so on until four or five cars were loaded, when the crew put them into a
train and pulled them out of the quarry and turned them over to the
crew which took them to the plant.
The engineer of the steam shovel directed the plaintiff when and
where the cars to be loaded should be placed, when a loaded car
should be taken out, and when the cars, although not loaded, should
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/99/: accessed February 18, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.