Texas Mexican Railway Co. v. Higgins

NEILL, Associate Justice.

This is an appeal from a judgment of $15,000 damages recovered by the appellee for injuries resulting in death inflicted on her husband, Steve Higgins, by the negligence of the appellant.

The petition upon which the judgment was recovered alleged that the acts of negligence which caused deceased’s death, who was run over and killed by appellant’s cars in its yards at Laredo while in the discharge of his duties as switchman, were: (1) that appellant permitted the

switchfrog, where the switching was being done, to remain open, uncovered and unblocked; and (2) that the…