Missouri, Kansas & Texas Railway Co. v. McAnaney

KEY, Associate Justice.

This is a personal injury suit, resulting in a verdict and judgment for the plaintiff, and the defendant has appealed. The plaintiff was riding on a tricycle or motor car, used for the purpose of inspecting bridges, and while thus traveling the car was / derailed, causing the injuries complained of.

We sustain the fourth assignment of error, which complains of the charge of the court because it submitted to the jury the question of appellant’s negligence in furnishing a motor car with worn axles. Although this ground of negligence was alleged in appellee’s petition, no…