Citizens Railway Co. v. Robertson

KEY, Associate Justice.

— This is the third time that this case has been before this court. The other appeals are reported in 91 S. W., 609, and 103 S. W., 443. At the last trial in the court below the plaintiff recovered judgment for $1500, and the defendant has appealed and presents but one question for decision, and that is the proposition that, as matter of law, the undisputed testimony shows that the plaintiff was guilty of contributory negligence. At the time of the accident the plaintiff was ten years, five months and ten days old. The last trial occurred more than four years after that…