City of Fort Worth v. Lee

McDONALD, Chief Justice.

Victor Atkins, a fourteen year old boy, fell into a railroad cut about twenty feet deep while riding his bicycle. His mother, the appellee, maintains this suit to recover damages, both individually and as guardian of the minor. The City of Fort Worth, and the trustee in bankruptcy of the Chicago, Rock Island and Gulf Railway Company, are the defendants. Texas Employers’ Insurance Association, by a plea in intervention, sues by reason of having paid out certain moneys as benefits under the Workmen’s Compensation Act.

The jury, in answer to special issues, found both…