Wiley v. Cincinnati, New Orleans & Texas Pacific Railway Co.

Opinion of the Court by

Judge Carroll

— Affirming.

Tbe appellant, who will be called the plaintiff, brought this suit against the appellee as defendant to recover damages for personal injuries sustained, as he averred, on account of its negligence. When he sustained the injuries complained of he was attempting to make a coupling with his foot, which slipped and ' caught in the coupling.

The lower court sustained a demurrer to the petition as amended, so that the only question for our decision is, did the pleading state a cause of action?

The petition averred that the plaintiff was in the…