Cockrell v. Texas & New Orleans Railway Co.

GILL, Associate Justice.

This is a suit by appellant to recover of appellee damages for personal injuries alleged o have been sustained by him by reason of the negligence of the defendant railway company. After hearing the evidence the trial court instructed a verdict for the company.

Plaintiff averred in substance that on November 21, 1902, with the knowledge and consent of defendant and its servants he was riding on the top of a box car of one of defendant’s freight trains running from Houston, Texas, to Beaumont. That while so riding and while the train was in motion he was either thrown off…