
    TEXAS AND PACIFIC R’Y CO. VS. WAGNER.
    Appeal from Dallas County.
    
      Fellow Servants. — A section hand in the employment of a railroad company, and, at the time of an accident, returning from work on a push-car, and an engineer, in charge of a passing freight train, employed by the same company, are fellow-servants.
    
      Negligence — Liability of JR,. 11. Co.--To make the company liable to such section hand for damages resulting from the negligence of the engineer, it must be shown that the company had not used reasonable care in selecting such engineer, or that, after being informed of his incompetency he was still retained in its service.
   Opinion by

Hurt, J.  