Joseph McKenna

“ A distinction is not asserted, but both cases are attacked. In our opinion in the Collins Case we have reviewed most of the cases upon which the company relies in this, and whether their principle applies depends upon the facts. ”

“ Sand is necessary to an engine and must be used dry. Szary and two others were employed in its preparation, which was done in what is called the 'sand house,' a small structure standing in the yards of the company alongside of the tracks. The drying was done in four large stoves which it was the duty of Szary and his associates to attend. Soft coal was the heating means and the resulting ashes were dumped in an ash pit, to do which a track had to be crossed. ”