Gulf, Colorado & Santa Fe Railway Co. v. Gordon

Stayton, Associate Justice.

The appellee, while in the -employment of the appellant as a locomotive engineer, was injured in the derailment of the locomotive which he was operating, and this action was brought to recover damages. Tt is alleged that the injuries resulted from defects in the railway track and locomotive, and damages actual to the amount of twenty-five thousand dollars and exemplary for a like sum were claimed. There was a judgment in favor of the appellee. The defendant pleaded matters in bar of the action, which it is claimed operate as an accord and satisfaction of the claim…