Galveston,Harrisburg & San Antonio Railway Co. v. Still

JAMES, Chief Justice.

Appellee Still was the conductor of one of appellant’s work or gravel trains and sued for damages alleged to have been sustained by injury due to the fault of a brakeman, who negligently threw the switch before the tender of the engine had entirely passed over it, thereby causing the tender to be derailed and a collision between it and the following car upon which appellee was riding.

The answer was a general denial; that appellee was appellant’s vice-principal in control of the train and the work being done and of the crew; that appellee was guilty of contributory…