Missouri, Kansas & Texas Railway Co. v. Steele

Appellee Steele sued to recover damages for personal injuries alleged to have been received by him through the negligence of appellant. Besides a general denial the appellant pleaded contributory negligence and assumed risk. A jury trial resulted in a verdict and judgment in favor of appellee for the sum of five thousand dollars, and appellant has appealed.

The material facts as shown by the evidence are as follows: On July 21, 1906, appellee was in the employ of appellant and engaged as night fireman at its creosote plant, situated southeast of Greenville, in Hunt County, Texas. It was his…