Galveston, Harrisburg & San Antonio Railway Co. v. Worth

FLY, Associate Justice.

This is a suit for damages, arising from personal injuries, instituted by appellee.- The grounds of negli•gence were stated to be defects in the roadbed, rails of too. light weight, and old, worn and rotten ties, which caused the track to give away under the ponderous engine, of which appellee was the engineer, and caused a derailment in which appellee received his injuries. Appellant pleaded assumed risk and contributory negligence in running the engine around a curve at a reckless and dangerous rate of speed in violation of a rule of appellant, and in spite of the…