Lakey v. Texas & Pacific Railway Co.

GARRETT, Chief Justice.

This action was brought by Elbert Lakey against the Texas & Pacific Railway Company to recover damages for personal injuries received by the plaintiff while in the employment of the defendant, through its alleged negligence. A jury was impaneled to try the case, and after the evidence had been heard the court instructed the jury to return a verdict for the defendant, which was done, and judgment was rendered in its favor. The plaintiff has assigned as error: “The court erred in instructing the jury to return a verdict for the defendant.” The defendant objects to our…