Bryant v. International & Great Northern Railway Co.

NEILL, Associate Justice.

This suit was brought by appellant against the appellee to recover the sum of $5000 damages alleged to have been sustained by appellant in being thrown from a wagon and run over by the same while crossing appellee’s railroad track at a public highway.

The grounds of negligence alleged by appellant are as follows:

1. That in opening up the public highway, which was blocked with defendant’s trains and cars, so that appellant and his companions might with safety pass (then in waiting) the defendant company, its agents and employes, negligently left its cars standing near…