Missouri Pac. R.R. Co., Thompson v. Lewis.

Appellee, a negro “extra gang” laborer, while working for appellant on appellant’s right-of-way, was struck and injured by a piece of ice thrown from a passing train by one of appellant’s employees. Appellee brought suit against appellant for $10,000 damages, alleging that he had been permanently injured by the negligence of appellant’s servant as aforesaid. Appellant filed answer in which it was not denied that appellee was injured at the time and place and in the manner set forth in the complaint, but the extent of the injury as alleged by appellee was denied and appellant set up as a…