Houston & Texas Central Railroad v. Cheatham

RICE, Associate Justice.

— This is a suit by Ellen Cheatham, a feme

sole, against the Houston & Texas Central Eailroad Co., to recover damages for personal injuries alleged to have been sustained by her while a passenger on said road by the derailment of defendant’s mixed train between Burnet and Lampasas, Texas, on April 26, 1907.

The defendant, in answer to said suit, filed a general demurrer and general denial. A jury trial resulted in a verdict and judgment for plaintiff for $1,750, from which this appeal is prosecuted.

By appellant’s first assignment of error it is urged that the court erred…