Baisdrenghien v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Smith, J.:

This action was brought to recover damages for injuries received from a falling rock in a coal mine. By stipulation made before the trial, it was agreed that the appellee’s action should be limited to the alleged violation of the statutory obligations of appellant, and to further that purpose a portion of the amended petition should be stricken out.

A jury trial was had, special findings of fact made, and a general verdict returned in favor of appellee for $1000. The motion of appellant for a new trial was overruled. The principal defense on…