Cincinnati, New Orleans & Texas Pacific Railway Co. v. Perkins

Opinion op the .-Court by

Turner, Commissioner—

Reversing.

Appellee was a passenger on appellant’s north-bound passenger train on the 6th of April, 1921, when, because of the failure of appellant’s section gang • to properly brace one or more of the rails under which they were placing new’ ties, the coach in which appellee was riding was caused to careen and strike against the side of a cut or cliff near the track, as a result of which she was injured.

The petition charges gross, wanton and reckless negligence. The answer denies such negligence, but does not deny ordinary negligence. It also…