Sickles v. Missouri, Kansas & Texas Railway Co.

FLY, Associate Justice.

— Appellant sued appellee for damages resulting from his slipping and falling from a train of appellant, while in rapid motion near Greenville, Texas. Appellee pleaded contributory negligence. A trial by jury resulted in a verdict for appellee.

The evidence shows that about 3 o’clock a. m., on March 26 or 27,1894, appellant got into a passenger coach of appellee at Denison, to be transported from that point to Dallas, by way of Greenville. It was a cold night, and the car was not properly heated, and after passing several stations, at which the train made stops, and when…