St. Louis Southwestern Ry. Co. of Texas v. Christian

(after stating the facts as above). The contention made on the former appeal, that the court should have per emptorily instructed the jury to find in appellant’s favor is renewed on this appeal. It is insisted now, as it was then, that there was no testimony on which to base a finding that appellant was guilty of negligence, and, if there was, that it appeared as a matter of law that the risk appellee incurred in being in the vestibule of the car was one he should be held to have assumed; and, further, that he was himself guilty of negligence. In support of its view of the case appellant…