Gifford v. Fort Worth & Denver City Railway Co.

This is a suit for damages for personal injuries filed by O. Glenn Gifford, petitioner, against Fort Worth and Denver City Railway Company, respondent. A trial court judgment for petitioner based on the jury’s answers to special issues was reversed by the Court of Civil Appeals and the cause rendered for respondent. 244 S. W. 2d 848.

The sole question for decision is whether the Court of Civil Appeals was correct in holding that petitioner was guilty of contributory negligence as a matter of law in stepping in front of the train which struck and injured him.

Petitioner and another boy started…