Texas & P. Ry. Co. v. Spann

Appellee boarded one of appellant’s freight trains at Toyah, under an arrangement with a brakeman thereon whereby appellee paid said brakeman $1.50 to be carried to El Paso. In his petition appellee alleged that, when the train reached appellant’s yards in El Paso, the conductor in charge thereof compelled him to jump off of same while it was moving rapidly, and that, in jumping, he so fell that one of the wheels of a car in the train ran over and mashed his left foot, necessitating the amputation of a part of it. This appeal is from a judgment in his favor, rendered in a suit brought by him…