Missouri Pacific Railway Co. v. Mitchell

HENRY, Associate Justice.

Appellee brought this suit to recover damages for personal injuries received by him in a wreck of one of defendant's trains, on which he was being conveyed as a passenger, at a point between Tyler and Troupe.

The petition charges that the road bed between the two places named, as well as at the place of the wreck, was out of order, in bad condition, and unsafe for the transportation of passengers thereon; that the ties at the place of the derailment were old and rotten, the iron rails were worn and broken, and the track was out of level, all of which contributed to and…