Texas Central Railroad v. Fox

STEPHENS, Associate Justice.

Appellee, a servant of appellant, was engaged with other servants in operating a hand car belonging to appellant when the handle broke, and he was thrown off and run over, thus sustaining severe injuries, for which he received a verdict and judgment in the sum of $3500, from which this appeal is prosecuted.

The testimony relied on by appellee tended to show, and warranted the jury in finding, that the handle which broke was decayed, and that this caused it to break, and that appellant was guilty of negligence in not discovering and remedying the defect. On the other…