McGraw v. Texas & Pacific Railroad

The opinion of the court was delivered by

Miller, J.

The plaintiff appeals from the judgment dismissing his suit for damages caused by bodily injuries he claims to have sus*467tained from the collision of the locomotive engine of which he was a fireman pulling one of defendant’s freight trains, with a train of cars placed on the tracks by defendants’ agents. The petition alleges the collision was due entirely to the gross negligence for which defendants are responsible, and the answer is the general issue, and the averment that the negligence, if any, was that of defendant or his fellow-servant for…