Gulf, M. N.R. Co. v. Weldy

Plaintiff Weldy based his suit upon an alleged assault by a servant of the railroad company. The testimony disclosed that plaintiff while riding as a trespasser upon a freight train of the defendant was ordered off by its flagman or brakeman and while attempting to comply with the order was without provocation struck by such employee. It is alleged and supported by proof that plaintiff was caused to fall between two moving freight cars and dragged some distance and severely injured.

While- there is serious dispute of plaintiff’s explanation of the cause of his injury, both by witnesses and by…