Saunders v. Missouri, Kansas & Texas Railway Co.

KEY, Associate Justice.

Appellant brought this suit against appellee to recover damages for personal injuries. Appellant and another man were engaged in hauling baled hay, and the team they were driving became frightened, ran away and threw appellant from the wagon, thereby causing the injuries complained of.

The plaintiff in his petition charged the defendant with negligence in running an engine at a high rate of speed, and in unnecessarily blowing the whistle on the engine, thereby frightening the team and causing them to run away.

The defendant in its answer charged the plaintiff with…