City of Fort Worth v. Allen

HEAD, Associate Justice.

Appellee Allen sued the city of Fort Worth and the Fort Worth Street Railway Company to recover damages for personal injuries received by being thrown from a wagon while crossing the track of the railway company in one of the public streets of the city. The negligence consisted in permitting the iron rails of the track to protrude from three to four inches above the surface of the street.

The petition, to show a cause of action against both defendants, alleged, in effect, that the street railway company laid and maintained its track in the street under license from the…