Fort Worth & Rio Grande Railway Co. v. Bowen

BROWN, Associate Justice.

The Court of Civil Appeals for the Second Supreme Judicial District has certified to this court the following statement and question:

“This appeal, now pending before us, is from a verdict and judgment in favor of appellee for $7250 recovered as damages for personal injuries, received while in the service of appellant as a freight brakeman.

“One ground of recovery alleged, and relied on in the trial of the case was what is familiarly termed discovered negligence, that is, that the conductor of the train discovered that appellee was in a dangerous position in time to…