Rodriguez v. International & Great Northern Railway Co. ( 1901 )

NEILL, Associate Justice.

This is a suit brought by appellant for personal injuries alleged to have been sustained by the negligence of appellant while he was crossing appellee’s track between the cars of a freight train standing thereon.

The appellee (defendant below) answered by a general denial and a plea of contributory negligence. Upon hearing the evidence, the court peremptorily instructed a verdict for the defendant, and from the judgment entered upon the verdict returned in obedience to the instruction this appeal is prosecuted.

The undisputed evidence shows that appellant’s injuries were caused by his negligently going upon and endeavoring to cross appellee’s tracks between the cars of a train which he knew was liable to be moved at. any moment. In his effort to cross he placed his hands upon two box ears, and raised himself over the drawheads, and when he was in this position the train was moved, and his foot caught and mashed between the draw-heads. There is no evidence tending to show that appellee’s servants ■operating the train knew of appellant’s perilous position at the time it was moved.

These undisputed facts show such contributory negligence on the part of appellant as precludes his right to recover damages for the injuries thereby sustained. Railway v. Sloan, 32 S. W. Rep., 85; Railway v. Watkins, 88 Texas, 24; Flores v. Railway, 1 Texas Ct. Rep., 151; Studder v. Southern Pac. Co., 4 Am. Neg. Rep., 361, and cases cited; Andrews v. Railway, 10 Law. Rep. Ann., 58. The court did not err in instructed a verdict for the defendant, and its judgment is affirmed.

Affirmed.