Fort Worth & Denver City Railway Co. v. Rogers

STEPHENS, Associate Justice.

1. The freight train carrying appellee as a passenger between Wichita Falls and Iowa Park broke in two, and through the negligence of the train operatives a collision resulted in which he was injured. Passengers were permitted by appellant to ride on its freight trains between the points named, upon paying the usual fare and releasing the company from all damages, “whether happening through the negligence of said company, the servants, employes, or agents, or otherwise.” To the answer pleading this release in bar of appellee’s action for damages, a demurrer was…