Texas & Pacific Ry. Co. v. Foster

The plaintiff Minnie L. Foster, for herself and as next friend of four minor children filed this suit against the Texas Pacific Railway Company to recover damages by reason of the death of the husband and father, J. D. Foster, who was run over and killed by the defendant's train at a country public road crossing. The deceased was in a Ford car driven by his son, and, as they attempted to make the crossing, the car was centrally struck by a passenger train traveling at approximately the rate of 65 miles per hour. Negligence is alleged to consist in running at an excessive rate of speed at the…