Court of Appeals for the Fifth Circuit March 5, 1900, No. 871 (Nelson v. New Orleans & N. E. R.)

SHELBY, Circuit Judge,

after stating the case, delivered the opinion of the court.

At the time the injury was inflicted which caused Kelson’s death he was an employé of the defendant company, and was engaged in making and carrying mortar to build a depot. The injury was caused by other employés in charge of a locomotive and train on defendant’s railroad.