Missouri, Kansas & Texas Railway Co. v. Blachley

BOOKHOUT, Associate Justice.

Appellee, on the 34th day of October, 1906, instituted suit against appellant in the District Court of Grayson County, Texas, to recover damages in the sum of $40,000, on account of personal injuries he claims to have received on the 18th day of May, 1906, at Durant, Indian Territory, while in the employ of appellant as a railway brakeman.

By his first amended original petition filed in said court on the 8th day of April, 1907, he alleged, in substance: That while in appellant’s employ as a brakeman on its local freight train on said date in the town of Durant, it…