Texas & New Orleans Railroad v. Walton

GILL, Chief Justice.

—The plaintiff Tom Walton sued the Texas & Flew Orleans Bailroad Company to recover damages for personal injuries alleged to have been sustained by him as a result of the negligence of the fireman of a switch engine of the company. The defendant interposed a general demurrer and pleaded general denial, assumed risk and contributory negligence. A jury trial resulted in a verdict and judgment in favor of plaintiff for $5,000, and defendant has appealed.

Defendant requested the court to instruct a verdict in its favor on the theory that the fireman, J. M. Greer, whose act…