Texas & N. O. R. v. Darton

NORVELL, Justice.

This is an appeal from a judgment for $21,236.00 (of which $3,911.00 was awarded to intervener, Texas Employers’ Insurance Association, a workmen’s compensation insurance carrier), rendered against appellant, Texas and New Orleans Railroad Company, by reason of injuries sustained *182by appellee, Ike Preston Darton, on August 23, 1948, when he was run over by a train on a spur track alongside a cotton warehouse in Victoria, Texas.

Darton was employed by the Victoria Compress and Warehouse Company and had gone into one of the box cars of appellant, then standing alongside the…