Ft. Worth & Denver City Railway Co. v. Morrison

FISHER, Chief Justice.

— This is a suit by appellee for the recovery of damages on account of physical injuries received by her while a passenger on appellant’s train, caused by a derailment of the car in which she was riding, as a result of alleged negligence on the part of appellant. Verdict and judgment were in appellee’s favor for $1000. The railroad appeals.

Appellant’s third assignment of error is to the effect that the court erred in overruling defendant’s special exception, as contained in the third paragraph of its original answer. The exception is as follows: “Defendant specially…