Missouri, Kansas & Texas Railway Co. v. Bailey

TALBOT, Associate .Justice.

This suit was instituted by the appellee to recover of the appellant damages for personal injuries alleged to have been received by him on account of the negligence of appellant. The defendant plead a general denial, contributory negligence, assumed risk, and that the negligence of appellee’s fellow servants contributed to his injury. A jury trial resulted in a verdict and judgment for the plaintiff in the sum of $20,000, and the appellant prosecutes this appeal.

The material facts are as follows: On February 20, 1907, and for some time prior theréto, appellant was a…