Cole v. Missouri-Kansas-Texas R. of Texas

YOUNG, Justice.

The suit was by Mrs. Jessie Cole, surviving wife, and the three minor children of Ernest Cole, deceased, alleging that the latter’s fatal injuries resulted from negligence on part of appellee Railroad; the father and mother becoming parties by way of intervention. At conclusion of plaintiff’s testimony in chief, defendant interposed motion for instructed verdict, whereupon the court discharged the jury, sustained the motion, with judgment final against all claimants, from which Mrs. Cole and children alone have directed an appeal.

At 5 :50 o’clock on the afternoon of May 3,…