Green v. Texas & Pacific Railway Co.

Mr. Presiding Judge RYAN

delivered the opinion of the Commission of Appeals, Section B.

Plaintiff in error brought this suit in the District Court of Bowie County, to recover damages for personal injuries alleged to have been sustained by him on the night of July 24, 1930, in Big Spring, Howard County, for the loss of a part of an arm, the result of stumbling over a piece of railroad iron or rail owned by the Texas and Pacific Railway Company and negligently permitted to extend into the street, which caused him to fall into and under a passing freight train.

The defendant’s answer consisted of a…