Jones v. Wichita Valley Ry. Co.

Appellant, Jones, was a passenger upon a train of appellee going from Abilene to Anson. The train was derailed at about 7 a. m., December 14, 1915, and in consequence thereof appellee was injured, on account of which he brought this action for damages.

It was alleged that defendant was negligent in permitting the ties in the track to become rotten and soft, causing the spikes holding the rails in place to give, thereby permitting the rails to spread and derail the train; that defendant was further negligent in this:

“That on two and more occasions a short while prior to the derailment…