Smith v. Houston & Texas Central Railway Co.

FISHER, Chief Justice.

This suit was brought by appellant Smith against the railroad company for $10,000 damages on account of injuries sustained by him -as the result of being struck and run down by the cars on appellee’s road. After the testimony was all introduced before the count and jury trying the case, the court instructed the jury to return a verdict for the railroad company, for the reason that' the evidence showed that the appellant was guilty of contributory negligence.

The question presented is whether the evidence was of such a character as authorized the court to withdraw from the…