State ex rel. St. Louissan Francisco Railway Co. v. Pinnell

TITUS, Presiding Judge.

Plaintiff, as the surviving parent of his deceased 15-month-old daughter, sued defendant railroad for damages. His petition alleged that defendant’s negligence caused the death of the child. The pleading stated that the deceased, at the time of her death, was a passenger in a truck which was being operated by plaintiff when it came into collision with defendant’s train at a grade crossing. Defendant’s answer, in paragraph six thereof, asserted that plaintiff’s negligence “directly, proximately and solely caused, or directly and proximately contributed to cause” the…