Missouri-Kansas-Texas Railroad v. Evans

We respectfully dissent because this case should be rendered for the defendant and not remanded. As a matter of law the bursting of the air hose was not the proximate cause of plaintiff’s injuries.

The facts on proximate cause are uncontroverted. The bursting of an air hose released the air pressure in the brake system and automatically applied the brakes. This stopped the train and made necessary the replacemement of the defective hose by a new hose. Plaintiff was attempting to remove the defective hose when he got rust and dirt in his eye.

We are of the opinion that an injury sustained while…