Hawthorne v. Texas & N. O. R. Co.

COMBS, Justice.

The appellant, C. T. Hawthorne, was injured by falling under one of appellee’s trains, which severed his left leg below the knee. Appellant was the only eyewitness. He testified that at about 11 p. m. on August 17, 1932, he started out from his sister’s home to walk to the Houston ship channel. He proceeded on the Griggs street road, which runs parallel to the railroad right of way of the appellee, and, finding rather heavy traffic on the road, he stepped from it onto the railroad right of way and proceeded to walk down .the track. As he walked down the track, he observed a…