Davenport v. Texas N. O. R. Co.

BLAIR, Justice.

Appellant Charles Davenport, joined by his wife, sued appellee Texas & New Orleans Railroad Company and others, for $2,500 as damages for the death.of his daughter, sixteen years of age, who was struck and-killed by appellee’s passenger train. Appellant alleged that.the deceased and other school children used the track of appellee at the place of the accident as a path for going to and returning from school, and had done so for several years prior to the accident, with the full knowledge and acquiescence of appellee. That on the morning of the accident a violent south wind was…