Missouri, Kansas & Texas Railway Co. v. Rose

BOOKHOUT, Associate Justice.

On the 1st day of August, 1897. the appellee was in the employment of appellant as a brakeman, and on that day while descending from the top of a freight train, at or near a place called Island Creek Tank, one of the hand-holds attached to the side of the car gave way and he was precipitated to the ground, sustaining injuries as he alleges and claims about the small of his back and kidneys.

On the 28th of October, 1897, he filed his petition in the District Court of Rains County, and sought to recover of appellant $30,000 for damages be reason of personal injuries…