El Paso & Southwestern Railway Co. v. Vizard

NEILL, Associate Justice.

This is a suit by appellee to recover damages for personal injuries alleged to have been caused by the negligence of appellant while he was engaged in its employ as a brakeman on its road at Osborne, Arizona. He alleged that while in the discharge of the duties of his employment he fell from the side of a water car by reason of the negligence of defendant in maintaining thereon a defective hand railing which gave way in his effort to board and hold on thereby the car in question.

After interposing eight special exceptions, which will be noticed in our opinion, the…