Texas Supreme Court
F. B. Choate v. San Antonio and Aransas Pass Railway Company.
October 19, 189690 Tex. 82
Summary
The Texas Supreme Court affirmed the Court of Civil Appeals' direction of a verdict for the San Antonio and Aransas Pass Railway Company, holding that the plaintiff failed to show negligence and that he assumed the risk by moving between cars on a moving train. The Court found the evidence insufficient to permit a jury verdict for the plaintiff and therefore sustained the lower court's instruction to the jury.