McCarty v. Houston & Texas Central Railway Co.

GILL, Associate Justice.

This was a suit brought by Charles McCarty, appellant, wherein he sought to recover of appellee, the Houston & Texas Central Railroad Company, damages for personal injuries alleged to have been sustained by him while he was a passenger on appellee’s train, and occasioned by the derailment of the coach upon which he was riding at the time.

' The causes which produced the derailment are averred to have been a defective track, a defective switch," and the use of a switch which was in its nature unsafe and unsuitable,-and it further averred that switches of a much newer and…