Fort Worth & D. C. Ry. Co. v. Capehart

LESTER, Chief Justice.

This is a suit by O. T. Capeha'rt against the Forth Worth and Denver City Railway Company et al. to recover damages as the result of the alleged injuries his wife sustained in passing over the defendants’ track at a public crossing in the town of Navarro.

On this particular morning the railroad tracks at said crossing were being repaired, and at the time of the accident in question the section crew had removed some of the pieces of timber that were laid on top of the cross-ties, which were from eight to ten inches in width. The crew had taken out the one on the outside of…