Schaff v. Daugherty

THREADGILL, C.

The case unde|r consideration is an appeal from the judgment of the district court of Pawnee county in an action wherein the defendant in error, Ella Daugherty, as administratrix of the estatej of Emery Garfield Daugherty, deceased, was plaintiff, and defendant in error, Charles E, Schaff, as receiver of the properties of the Missouri, Kansas & Texas Railway Company, was defendant. The parties will be designated herein as they appeared in the trial court.

The undisputed facts in the ease are substantially as follows:

Oil May 21, 1922, defendant’s south-bound passenger train number…