Texas & N. O. Ry. Co. v. Tiner

McGILL, Justice.

Appellee as plaintiff sued appellant as defendant to recover damages for the death of her husband, Troy D. Tiner, a railroad brakeman who was killed in a wreck of appellant’s train which was derailed as it went around a sharp curve in Pludspeth County, Texas. Trial was to a jury, which in answer to special issues found both Troy D. Tiner, the deceased, and defendant, guilty of negligence proximately causing the accident, and fixed plaintiff’s total damage at $50,000; they also found that her damages should be diminished $10,000 as a proximate result of deceased’s own…