International & Great Northern Railroad v. Barton

KEY, Associate Justice.

Appellee brought this suit against appellant to recover damages for personal injuries alleged to have resulted from appellant’s negligence in moving a car upon which she was a passenger while she was in the act of alighting therefrom at a depot.

Appellant pleaded, in abatement of the suit, the pendency of a former action instituted by appellee. It also interposed a general denial and a plea of contributory negligence. After hearing evidence submitted in reference thereto the trial court overruled the plea in abatement; thereupon appellant presented an application for a…