The Texas & Pacific Railway Company, petitioner v. United States of America, respondent1912

This action was commenced by the petitioners against the respondent railroad in a Texas State District Court, under the Federal Employers Liability Act, 35 Stat. 65, as amended, 45 U. S. C. §§ 51-60, to recover damages for the death of petitioners decedent, Claude Baker, allegedly caused by the negligence of the respondent. Baker had been hired as a workman by W. H. Nichols & Co., Inc., which was engaged in work along the main line right of way of the respondent under a contract with it. The work consisted of "grouting," or pumping sand and cement into the roadbed to strengthen and stabilize it. Baker was struck and killed by a train while engaged at this job. It was petitioners contention in the trial court that Baker was killed while he was "employed" by respondent, within the meaning of § 1 of the Act. Evidence on the question was introduced by the parties, and a special issue for the jurys determination was framed, but the judge declined to submit the issue to