Branch v. International & Great Northern Railway Co.

DENMAN, Associate Justice.

The Court of Civil Appeals have certified to this court statement and questions as follows:

“This is an action by the appellant, John Branch, against the railway company to recover damages on account of injuries sustained by his wife in a collision with a handcar, operated upon appellant’s road at a public crossing in the town of Rew Braunfels, Comal County, Texas.

“It is averred that the railway company intrusted the use and possession of the handcar to a foreman who was careless and untrustworthy, which fact was known to the defendant, and that it was a part of the…