Davis v. Missouri Kansas & Texas Railway Co.

WILLIAMS, Associate Justice.

Appellant brought this action to recover of appellee damages for personal injuries sustained by him while traveling as a passenger on one of appellee’s passenger trains, in a wreck of the train alleged to have resulted from appellee’s negligence. Besides the general 'allegation of negligence, the petition contained special averments by which the acts of negligence were specified. They were, in substance, (1) that the defendant’s agents 'and employes negligently operated the train; (2) that defendant’s roadbed was in a dangerous and unsafe condition, in that it was…