Missouri Pacific Railway Co. v. Mitchell

Stayton, Chief Justice.

Appellee brought "this action to recover damages, actual and exemplary, for an injury alleged to have been received by his wife, who was a passenger on appellant’s train.

The car in which the wife was, was derailed, and it is alleged and admitted that the evidence is sufficient" to show that this was brought about by such a condition of the railroad as would render appellant responsible for the actual damages sustained.

The petition set out the injuries to appellee’s wife as follows: “That by reason of the fall and derailment the wife of plaintiff has been severely…