Houston & T. C. R. Co. v. Gray

This suit was instituted by appellee to recover damages alleged to have been sustained by him through the negligence of appellant at Hearne, Tex., on October 8, 1908; the gravamen of the’ complaint being that while he was, with appellant’s permission, sleeping in a caboose provided by it for that use, and standing on the caboose track at night, the appellant’s employés, not working with appellee, but being members of a different crew, negligently ran another caboose in on said track, by reason of which the injuries complained of were inflicted. Appellant’s defenses, so far as relied on, were…