Missouri, Kansas & Texas Railway Co. v. Matherly

EIDSON, Associate Justice.

This suit was brought by appellee, a young man about 24 years old, against the appellant for the sum of $40,000 actual damages, on account of personal injuries received by him through the alleged negligence of the appellant. The allegations of negligence embraced in plaintiff’s petition are substantially as follows:(1) By running its train at a high and dangerous rate of speed over the public street, to wit, thirty miles an hour. (2) In permitting cars, buildings and other obstructions which would obstruct the view of. its track, to be on and near its right of way.…