International & Great Northern Railway Co. v. Reiden

NEILL, Associate Justice.

This suit was brought by appellee against appellant to recover $40,000 damages for personal injuries. As grounds for his recovery plaintiff alleged that while he was in defendant’s employ as a brakeman on a freight train, it became his duty to go upon the main track of defendant’s road at Tuna siding to flag an approaching passenger train, and while thereon he stepped upon the end of a cross-tie, which, by reason of its rotten condition, crumbled beneath him, threw him down and his head struck one.of the rails rendering him unconscious; and when in such condition the…