Gulf, Colorado & Santa Fe Railway Co. v. Kirkbride

HENRY, Associate Justice.

This suit was brought by appellee to recover damages. His petition charges that h.e was expelled from the top of a box car upon defendant’s road “by one of the employes and agents' or servants of the defendant, who was then in charge of and assisting as such employe in moving said box car.”

The evidence shows that the plaintiff and another man were sitting on the top of a box car which was standing on a side track in the defendant’s yard at Paris. That without their observing it an engine was attached to the car and it was put in motion. That “a man ” came on the top…