Missouri, K. & T. Ry. Co. v. Burton

This is an action brought by the appellee to recover of appellant damages for personal injuries. The defenses pleaded were a general denial, assumed risk, and that appellee’s injuries, if any, were proximately caused and contributed to by appellee’s own negligence and want of ordinary care and by that of his fellow servants. The case was tried before the court and a jury, and the trial resulted in a verdict and judgment in favor of appellee for $4,000, and, appellant’s motion for a new trial having been overruled, it appealed.

Appellee was in the employ of appellant, and on the 8th day of…