James v. Missouri-Kansas-Texas R. Co.

RICE, Chief Justice.

W. C. James instituted this suit against Missouri-Kansas-Texas Railroad Company of Texas .to recover damages for personal injuries allegedly suffered by him and proximately caused by the negligence of the defendant. Upon plaintiff’s announcement that he had rested his case, the defendant presented to the trial court its written motion for an instructed verdict; the trial court thereupon instructed the jury to return a verdict for defendant, and plaintiff has appealed.

In our opinion plaintiff’s pleadings were sufficient in the absence of a special exception, to state a…