McKune v. Cal. S. R.R.

Citations

• 66 Cal. 302

Syllabus

<p>Negligence—Laborer on Railroad—Contributory Negligence.—A laborer on tbe track of a railroad, while acting under the direction of a foreman, is not guilty of contributory negligence in returning from his place of work on a hand-car, although at a later hour than usual.</p> <p>Id.—Train Dispatcher and Laborer—Fellow Employees.—A train dispatcher and material man on a railroad, having authority to employ and discharge men, and direct the movements of trains, is not a fellow employee with an ordinary track laborer.</p>