Galveston, H. & S. A. Ry. Co. v. Wagner

The defendants in error recovered judgment in the district court against the plaintiff in error for the sum of $2,485 damages resulting from the death of Miss Nora . Wagner, alleged to have been caused by the negligence of the plaintiff in error. The trial was before a jury; and among the issues of fact which the jury resolved against the railway company, and upon which the judgment was rendered, was.that of discovered peril. The plaintiff in error contends that there is no evidence raising this issue.

Although the evidence is sharply conflicting in important respects, there is evidence…