El Paso & Northeastern Railroad v. Sawyer

FLY, Associate Justice.

This is a suit based on the breach of a contract to safely transport appellee from Pittsburg, Pennsylvania, to Los Angeles, California. The breach alleged was a derailment of a train on appellant’s railroad and the consequent injuries inflicted on appellee. There were two counts in the petition, one basing the desired recovery on a breach of contract and the other on a tort, but the issue of breach of contract to safely transport only was submitted to the jury. The trial resulted in a verdict and judgment for appellee for $2,500. This is a second appeal of this case,…