MISSOURI-KANSAS-TEXAS R. CO. v. EVANS

No. A-3442.

250 S.W.2d 385 (1952)

MISSOURI-KANSAS-TEXAS R. CO. v. EVANS.

Supreme Court of Texas.

Rehearing Denied July 23, 1952.


Attorney(s) appearing for the Case

G. H. Penland, Dallas, Freels & Elliott, Sherman, Nelson, Montgomery & Robertson, Wichita Falls, for petitioner.

Peery, Kouri & Wilson, Z. D. Allen, Wichita Falls, for respondent.


GRIFFIN, Justice.

Respondent was employed by petitioner as a brakeman and on November 24, 1949, was a member of a crew operating a freight train proceeding from Altus, Oklahoma to Wichita Falls, Texas. While enroute an airhose burst, causing the brakes to "set", thus stopping the train. Respondent and another brakeman attempted with a wrench to disconnect the ruptured hose and replace it with a new one. The wrench would not turn the hose or its connection, and respondent...

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