Oklahoma, N. M. &. P. Ry. Co. v. Downey

Opinion by

THREADGILL, C.

On August 10, 1921, Joe Downey, who was a farmer living with his wife and two children in the neighborhood of Wilson, decided to go to Ringling, and undertook to catch hold and climb on top of a freight car of defendant’s moving freight train, going at the rate of ten or 12 miles an hour, and in so doing his hold slipped and he fell, striking his head upon a cross-tie, and was fatally injured and died a few hours later. The widow brought suit for damages, alleging negligence on the part of the defendant railway company through its agents, servants, and employes. The…