Cunningham v. Fort Worth & Denver City Railway Co.

CONNER, Chief Justice.

This is a suit for damages by the widow and child of Louis B. Cunningham for his death, caused by the alleged negligence of appellee. Upon the trial and at the conclusion of the evidence the court gave peremptory instruction to the jury to return a verdict for appellee. This was done and judgment entered accordingly,, and the sole question presented on this appeal is whether there was any evidence of negligence on the part of the appellee which authorized the-submission of the issue to the jury.

It appears that the deceased either fell or jumped off the rear platform of…