Texas N. O. R. Co. v. Blake

SPEER, Justice.

This is an appeal by Texas and New Orleans Railroad Company, hereinafter referred to as appellant, from an adverse judgment in favor of E. L. Blake, to whom we shall refer as appellee.

Appellee’s cause of action grew out of injuries sustained by him when struck by a moving train on appellant’s tracks at a public highway crossing. Allegations were made of negligence by appellant and the suit was defended upon allegations of general denial and enumerated acts of contributory negligence by appellee, .assertedly constituting contributory’ negligence as a matter of law.

No attack is…