Fort Worth & Denver City Railway Co. v. Davis

STEPHENS, Associate Justice.

Appellant states the case correctly as follows: “Plaintiff alleged, that on the 23rd day of October, 1890, he was a passenger on defendant’s railway, and that in attempting to get off defendant’s train at Henrietta, Clay County, Texas, he stepped upon a railway spike lying loose upon defendant’s platform at said place; that said spike was the kind commonly used for fastening and holding the rails of the railway to the crossties; that it was a piece of iron about four inches long and three-fourths of an inch thick; that it was a square in shape, and had a head on…