Texas & Pacific Railway Co. v. Hohn

WILLIAMS, Associate Justice.

This is an appeal from a judgment for $15,000, recovered by appellee against appellant, in the District Court of Gregg County, for personal injuries' sustained by appellee while in the service of appellant in the capacity of brakeman.

As no question arises on the pleadings except that appellant claims there was a variance between the allegation and the proof as to the manner in which appellee received his injury, it is unnecessary to state them, except so far as they relate to that question.

The petition on this point alleged in substance, that while ascending a…