Gulf, Colorado & Santa Fe Railway Co. v. Gasscamp

Gaines, Associate Justice.

This was an action brought by appellee against appellant to recover damages for personal injuries alleged to have accrued to the plaintiff by reason of the failure of the defendant to keep in repair a bridge upon a public road where the highway crossed its track. There was testimony showing that the bridge was out of repair, and that it was dangerous to cross it, and the plaintiff knew of this. But it also appeared that many persons habitually passed over on horseback and in vehicles, and, so far as the witnesses knew, no injury had occurred previous to that…