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

FLY, Associate Justice.

This is a suit for damages by appellant on account of injuries sustained by his being thrown from a hand car through the negligence of the foreman of a section gang. A general demurrer was sustained to the petition by the district judge, and its sufficiency is the only question before this court.

There are three grounds of negligence alleged: first, that appellant was ordered by the foreman to take a seat in a certain position on the rear of the car, near the brake handles; second, that the car was being run very rapidly backwards and down grade; and, third, that…