Missouri, Kansas & Texas Railway Co. v. Smith

TALBOT, Associate Justice.

Elijah Smith, a minor suing by his father as next friend, brought this suit against appellant to recover damages for personal injuries alleged to have been received by him through the negligence of appellant’s servants. It was alleged, in substance, that appellant owned and operated a creosote plant on its line of railroad near Greenville, Hunt County, Texas, for the purpose of treating its cross ties. That this plant consisted of cylinders, dinkey engines, tramways or railroad tracks, tram cars, engines, pulleys, cables, etc.; that there is constructed on the…