Galveston, Harrisburg & San Antonio Railway Co. v. Abbey

NEILL, Associate Justice.

This suit was instituted by appellee, William Abbey, against appellant to recover damages for personal injuries alleged to have been inflicted by the negligence of appellant while he was in the company’s employ as a locomotive engineer.

The appellant answered by general and special exceptions, a general denial, and by pleading specially that appellee assumed the risk of the defect in the fastening of the engine’s step by reason of which the alleged injury occurred, and that he was guilty of contributory negligence in failing to discover such defects.

The case was tried…