Houston & Texas Central Railroad v. Tierney

Hobby, Judge.—The

verdict in this case for the sum of $5000 in favor of plaintiff, who was a “section boss” of defendant, is based upon his testimony.

In going to the work in the line of his service, that of loading flat cars with old iron, he was ordered by the conductor in charge of the construction train to climb over a box car by means of a brake rod attached thereto. In attempting to obey this order the brake rod, by reason of its defective attachment to the car, and because the car also was rotten, gave way. The plaintiff was precipitated upon a pile of iron negligently laid near the…