Missouri, Kansas & Texas Railway Co. v. Williams

BAIHEY, Chibe Justice.

Appellee sued the appellant to recover damages for personal injuries received by him through the negligence of the engineer in making an emergency, instead of a service, stop in the yards at Dallas, which caused appellee to fall from the top of the caboose.

The appellant answered by general demurrer, general denial, and, specially, contributory negligence and assumed risk. A trial resulted in a verdict and °judgment in favor of plaintiff for $20,000, from which the railway company appeals.

Appellee alleges as a basis for recovery, in substance, as follows: “That he was in…