De Hoyes v. Galveston, Harrisburg & San Antonio Railway Co.

JAMES, Chief Justice.

— Plaintiff De Hoyes sued for damages for negligence, alleging as the negligence that while he and certain other of defendant’s employes were doing track work near Polvo, and while plaintiff was standing about five or six feet from the track a freight train passed and he was struck by a piece of timber or hard substance projecting from one of the cars, and knocked under the wheels, which resulted in his injuries.

Defendant pleaded general denial, contributory negligence, and negligence in needlessly and recklessly attempting to catch a car which threw him under the train.…