Gulf, Colorado & Santa Fe Railway Co. v. Wells

STAYTON, Chief Justice.

Appellee brought this action to recover damages from appellant on account of injuries claimed to have been received by him while in the employment of appellant through a defect in the wheel of a hand car he was operating.

The defense was, (1) that the railway company was not negligent in furnishing the car in question; (2) that if the car Was defective, that was known to plaintiff long before the injury occurred; (3) that he contributed to the injury by leaping from the car at the time he was hurt.

At the last Austin term the report of the Commission of Appeals…