Missouri, Kansas & Texas Railway Co. v. Lasater

TALBOT, Associate Justice.

This suit was instituted by appellee against appellant to recover damages for personal injuries sustained by him in the derailment of a train upon which he was working as a brakeman, at or near Argvle, Texas, in March, 1907. The alleged grounds of negligence on the part of appellant are: (1) That the roadbed, ties and rails were in bad condition, and not suitable for the purposes for which they were being used; (2) that the train was being negligently operated at a speed of forty-five miles per hour, which was dangerous; (3) that the switch stand, switch rails and…