Texas & Pacific Railway Co. v. Mother

HEAD, Associate Justice.

On June 29, 1890, Joseph C. Mother, a youth about 17 years of age, was a trespasser upon one of defendant’s freight trains, attempting to ride thereon without paying his fare, by con. cealing himself in one of the cars, in known violation of the rules of the company. At Pilot Point, one of the brakemen on said train, in the employ of defendant, by abusive and threatening language and gestures, caused Mother to attempt to leave the car he was in while in motion, by crawling through a small window, called a “cuddy hole,” in the end thereof near the top, in doing which he…