Condon v. Missouri Pacific Railway Co.

This suit was instituted in August, 1879, to recover damages for injuries to plaintiff, a servant of defendant, alleged to have been caused by a defective handhold on the top of a box car from which plaintiff fell, while in the discharge of his duty as a brakeman at Pacific, a station on defendant’s 'road. The answer contained a general denial, a plea of contributory negligence on plaintiff’s part, and also negligence of plaintiff’s fellow-servants, and that the car was a foreign car, belonging to another road, and being hauled over defendant’s road.

The evidence tended to prove the following…