Chicago, R. I. & G. Ry. Co. v. Smith

A. W. ’Smith (instituted this suit, and recovered judgment against the Chicago, Rock Island & Gulf Railway Company for personal injuries sustained by him. Judgment was affirmed by the Court of Civil Appeals. - 197 S. W. 614. Writ of error was granted upon application referred to the Committee of Judges.

Plaintiff in error complains of the following charge of the court:

“If you find that plaintiff was injured as alleged in his petition, and the proximate cause thereof was the concurring negligence, if any, of the plaintiff and defendant under the issues hereinbefore submitted for your finding,…