Gulf, Colorado & Santa Fe Ry. Co. v. Smart

HALL, Justice.

A district court of Tarrant County, Texas, rendered judgment for appellee O. I. Smart in the sum of $5,000, together with six per cent interest thereon from date, and court costs, against appellant Gulf, Colorado & Santa Fe Railway Company, based upon findings of the jury. Appellant appeals by submitting to this court five points of error, as follows:

1. “There being no evidence showing or tending to show that any steel rail fell ‘on and against the plaintiff’, there was no evidence warranting the submission of an issue. inquiring as to whether defendant, its agents, servants and…