Fountain v. Houston E. & W. T. R. Co.

This suit was filed in the district court of Shelby county by appellant, O. L. Fountain, against the appellee, Houston East & West Texas Railway Company, to recover damages for a personal injury which appellant alleged was sustained by him in consequence of gross and willful negligence on the part of appellee in blocking and obstructing, for an unreasonable length of time, a public street in the town of Haslem in Shelby county. Appellant’s pleading, construing his first amended original petition and his trial amendment together, showed the following facts: That on the evening of November 23,…