Missouri, Kansas & Texas Railway Co. v. White

STEPHENS, Associate Justice.

—Appellee was a passenger on one of appellant’s trains, and was attempting to get off at the station to which she had been carried, when she fell and received the injuries of which she complains.

The issues made by her pleadings were thus submitted to the jury in the charge :

“If you believe from the evidence that the box upon which plaintiff stepped or attempted to step in alighting from defendant’s train was an unsafe device to be used for so alighting, by reason of its size or position or the character of the ground upon which it rested, and if you further believe…