Clayton v. Chicago, Rock Island & Gulf Railway Co.

Mr. Judge German

delivered the opinion of the Commission of Appeals, Section A.

While Ocie Clayton was working as a .section hand on a railroad, using a crowbar to pull spikes from the crossties, the bar, because of its defective condition, slipped and severely bruised the index finger on his left hand. He sued the railway company for damages. The trial court held that the plaintiff assumed the risk incident to his injury, and instructed a verdict for the defendant. The judgment was affirmed by the Court of Civil Appeals. 129 S. W. (2d) 693.

The material facts are shown by plaintiff’s own…