Kroeger v. Texas & Pacific Railway Co.

PLEASANTS, Associate Justice.

This is a suit to recover damages for injuries alleged to have been caused by the negligence of the appellee. Appellant while walking along appellee’s track in the town of Longview was struck by one of its engines drawing a train which was passing through said town, and thereby received the injuries complained "of in his petition. The portion of appellee’s track along which appellant was walking at the time he was struck was commonly used by the public as a highway, with the knowledge and consent of the appellee. Appellant’s statement as to the manner in which the…