Texas Commission of Appeals January 30, 1924, No. 495-3895 (Payne v. Robey)

BISHOP, J.

Defendant in error, in his suit against plaintiff in error, in his petition *874alleged that he was an employee of plaintiff in error in the capacity of cook, on a dining car operated in connection with trains running between points in Louisiana and points in Tesas; that on the morning of July 16, 1919, while it was yet dark, he went into the kitchen of said ear to perform his duties