Houston & Texas Central Railway Co. v. Grigsby

FLY, Associate Justice.

— This suit was instituted by appellee to recover damages received by him from jumping from a moving freight train when his life was threatened by an employe of appellant. It was answered by appellant that appellee was a trespasser on the train, and that if the employe, a brakeman, did threaten him, it was not within the scope of his duties or terms of employment, and appellant could not be held liable for his acts. The jury returned a verdict for $1500 for appellee.

Appellee was a trespasser upon the freight train of appellant, and was ordered by a brakeman in the…