International & Great Northern Railroad v. Von Hoesen

BROWN, Associate Justice.

“The Court of Civil Appeals of the Third Supreme Judicial District o'f Texas, preliminary to certifying the dissent in the disposition of the above styled and numbered cause in this court, makes the following explanatory statement:

“The appellee, Yon Hoesen, was an engineer in the employ of the appellant, the International & Great Northern Railroad Company. On November 20, 1903, while in the performance of his duty as an engineer, his head came in contact with a post erected near the appellant’s track, and he was seriously injured. On May 14, 1904, he filed this suit…