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

COLLARD, Judge,

Section A.—This is a suit for damages, by appellee against appellant, alleged to have been caused while he was in the discharge of his duty as an employe of defendant, by the derailing of a hand car. He recovered judgment for $2000, and defendant has appealed.

The first assignment of error is, that the court should have sustained defendant’s general demurrer and special exceptions to the petition, because it appeared therefrom that the defects in the hand car, the alleged cause of its derailment, were known to defendant, or would have been know to him if he had exercised…