Missouri Pac. R.R., Thompson, Trust. v. McAlister

Mrs. McAlister, as administratrix of the estate of her husband, sued appellant railroad company for damages. For her cause of action, she alleged that, at about 2 a. m., her husband was walking home on appellant’s tracks when a southbound freight train proceeded along a curve at a terrific speed and the door of a refrigerator car, which had been left unfastened, swung open and projected over the path parallel to the track on which her husband was walking, striking and killing him.

No testimony was offered in support of the allegation as to the unfastened and swinging door. It was shown that at…