St. Louis Southwestern Ry. Co. of Texas v. Gross

WILLSON, O. J.

(after stating the facts as above). [1, 2] In his charge the trial court told the jury to find for appellees, other conditions specified concurring, if they believed from the evidence that appellant’s employes in control of the train “ran same at a dangerous and excessive rate of speed,’’ or negligently “failed to keep a lookout,” as the train approached the place where the accident occurred. The instruction was objected to on the ground (among others, none of which we regard as tenable) that the testimony did not warrant a finding of liability on appellant’s part because of the…