Texas & N. O. R. v. Churchill

WALKER, Chief Justice.

Appellee, R. E. Churchill, was in the employment of appellant, Texas & New Orleans Railroad Company, as a brakeman. On or about the 16th day of January, 1932, as appellant’s train was moving out of the town of Beeville, appellee, in the discharge of his duties as brakeman, tried to board the caboose of this train by seizing the handholds on the caboose prepared and placed there for his use. As he seized the handholds, one of them gave way. He alleged that the defective condition of the handholds caused him to fall to the ground and to suffer the physical injuries for…