International-Great Northern R. v. Lowry

SMEDLEY, Commissioner.

Defendant in error, employed by plaintiff in error as a car repairer, was injured when he alighted from a moving freight train operated by plaintiff in error. The Court of Civil Appeals affirmed a judgment for $20,-000 in favor of defendant in error, 98 S.W. 2d 383, and this court in granting the application for writ of error expressed the tentative opinion that the act of defendant in error in jumping from the train was the sole proximate cause of his injury.

Defendant in error, 57 years of age in 1935, suffered the injury on account of which he sues on May 2, 1931. He…