Fort Worth & Denver City Railway Co. v. Gary

STEPHENS, Associate Justice.

About May 1, 1901, at Estelline, Texas, appellee sustained personal injuries while engaged in loading cattle for appellant, on account of which a recovery for $500 was had, from which this appeal was prosecuted. He was standing on the outside of the chute with his shins resting against the top plank prodding the .cattle into the car, when this plank gave way and threw him head first into the pen or chute, thereby inflicting the injuries for which he •recovered.

' The main defense was that of assumed risk, and the evidence was conflicting as to whether appellee was…