Texas & New Orleans Railroad v. Bingle

WILLIAMS, Associate Justice.

— Appellee sued to recover for personal injuries received by him while acting in the capacity of fireman in defendant’s service, in attemping to mount an engine from which a step was missing. It was charged in the petition, that the absence of the step rendered the engine defective and dangerous, and that the omission of defendant to supply it was negligence which caused the injury. It was admitted that plaintiff had known of the absence of the step for a few days before, as well as at the time, his injuries were received; but it was alleged, that he had complained…