Manson v. Eddy & Cross

STEPHENS, Associate Justice.

This is an agreed case under article 1414 of the Revised Statutes, brought here for the single purpose of obtaining a revision of the court’s charge. The statement of facts is brief, and does not present any conflict in the evidence.

In short, the case is this: Appellant was a locomotive engineer in the employ of appellees, engaged in running a freight train between Denison, Texas, and Muskogee, in the Indian Territory. His engine was derailed about 11 o’clock at night, in the Indian Territory, by coming in contact with a cow fastened in a railroad bridge, with her…