Fort Worth & Denver City Railway Co. v. Longino

SPEER, Associate Justice.

—Appellee recovered a judgment against appellant for the sum of seven thousand dollars for personal injuries, and the latter has appealed.

The principal issue arising on the appeal is one growing out of appellant’s plea of contributory negligence and upon which it now insists the court should have instructed a verdict in its favor. The testimony which is claimed to necessitate such instruction is thus set out by appellant :

J. W. Finney testified as follows: “I remember the occasion of young Longino getting knocked off the railroad track there. On that day I was at…