Hawkins v. Missouri, Kansas & Texas Railway Co.

SPEER, Associate Justice.

Appellant, Alexander Hawkins, sued the appellee, Missouri, Kansas & Texas Railway Company of Texas, to recover damages for personal injuries received by him at the crossing of appellee’s track on East First Street, in the city of Fort Worth. From an adverse judgment he prosecutes this appeal.

We sustain the first, second and fifth assignments of error, the first and second complaining of parts of the court’s charge given, and the fifth, of the refusal to give a special charge requested. The court instructed the jury as follows: "If you believe from the evidence that on…