Torres v. Kansas City, M. & O. Ry. Co. of Texas

Appeal from a judgment in favor of appellee upon a directed verdict in a suit for damages for personal injuries sustained as a result of appellant, a trespasser, being pushed off of a moving freight train of appellee by a brakeman.

This appeal presents two questions: First, whether the directed verdict was proper; and, second, whether the court properly excluded the testimony of two witnesses to the effect that under the printed rules of appellee it was within the scope of a brakeman's duties to eject trespassers from trains.

In this state, under the holding in International G. N. Ry. Co. v.…