Missouri, Kansas & Texas Railway Co. v. Hagan

BOOKHOUT, Associate Justice.

This is an action for damages for personal injuries to the appellee, alleged to have been sustained by him April 10, 1904, while in the performance of his duty as a switch-man in the service of the appellant on account of the derailment of an engine upon which he was riding in the course of his duties, caused by the breaking of a rail in the track.

Trial was had before a jury March 23, 1905, resulting in a verdict for the appellee for three thousand dollars. The appellant’s motion for a new trial was overruled, and notice of appeal duly given; and appeal was duly…