Missouri, Kansas & Texas Railway Co. v. Rogers

BROWN, Associate Justice.

From the facts as found by the Court of Civil Appeals we make the following statement:

On the 6th day of August, 1895, J. D. Rogers was traveling in a wagon westward on Broadway street in the city of Gainesville, Texas, when he came to a crossing of the said street over the railroad track of the plaintiff in error and an engine upon the said railroad pushed some box cars backward on the said track towards him from the north. On their approach he leaped from the wagon under the apprehension that unless he did so he would be run over by the cars and probably killed. In…