International & Great Northern Railway Co. v. Bell

ACKER, Presiding Judge.

Appellee was employed by appellant as switchman in its yard at Austin, and had been so employed for about nine months on the 3d day of June, 1886, when, on that day, while engaged in uncoupling cars, his foot became fastened between the guard rail and track rail, and he was run over hy a car and received injuries that necessitated the amputation of his leg. This suit was brought to recover damages for the injury.

Appellee alleged in his petition that “owing to the insufficient manner in which the guard rail was constructed it prevented his foot from being withdrawn when…