Galveston, Harrisburg & San Antonio Railway Co. v. Cherry

JAMES, Chief Justice.

Plaintiff Cherry alleged that while he was operating one of defendant’s locomotives as engineer on a passenger train running towards San Antonio, that at Schulenburg it became necessary for him to descend therefrom and in doing so the step gave way and fell and plaintiff was thrown with great violence to the ground, causing him the serious and permanent injuries alleged. That through defendant’s negligence said engine step and the stem on which .it was fixed was loose, defective and insecurely fastened so that it was dangerous when used for the purpose for which it was…