San Antonio & Aransas Pass Railway Co. v. Spencer

FLY, Associate Justice.

This is a suit for damages, instituted by appellee, alleged to have accrued by reason of the negligence of appellant in allowing its track to become so defective that a portion of the train on which appellee was engaged as a brakeman was derailed, the shock of the derailment causing him to be thrown from his position in the cupola of the caboose to the floor thereof and seriously and permanently injured. The cause was tried by jury and resulted in a verdict and judgment for appellee in the sum of $20,000.

The evidence justifies a finding that appellee was seriously and…